Sakeliga Takes Government To Court Again Over NHI Rollout Delay Tactics

South Africa’s controversial National Health Insurance (NHI) scheme has hit another legal hurdle, with business lobby group Sakeliga launching fresh court action to stop what it calls government “delay tactics”.

The new case adds to a growing pile of lawsuits against the NHI Act, which already faces legal challenges from doctors, private medical groups, trade unions, political parties and even the Western Cape government. Each challenge targets a different aspect of the law from its constitutionality to how it was signed and implemented by President Cyril Ramaphosa.

The State’s Consolidation Bid

The Department of Health, led by Minister Aaron Motsoaledi, recently asked the courts to consolidate all ongoing NHI cases into one. Officials argue that doing so would save both the courts’ time and the government’s legal costs.

However, the department also wants the courts to pause all constitutional challenges to the NHI until the smaller, procedural issues have been resolved.

Sakeliga argues that this move is not just about efficiency it’s a calculated attempt to buy time while the government continues implementing the NHI.

“A Violation Of Constitutional Accountability”

In a fiery statement, Sakeliga said the department’s plan would let government “roll out the NHI without worrying about delayed court scrutiny,” allowing it to act “unconstitutionally” while the cases remain on hold.

“This tactic amounts to an abuse of process by the state and a violation of constitutional accountability,” the group said. “It shields the government’s deeply flawed NHI Act from judicial review, while inflicting ongoing harm on taxpayers, healthcare services, and the economy.”

To counter this, Sakeliga has filed an urgent interdict to block the department’s request for a stay of proceedings. It argues that allowing the NHI rollout to continue while cases are stalled would undermine the rule of law and deny affected groups their right to timely justice.

What’s At Stake

Sakeliga’s counter-application also seeks to freeze the NHI rollout if the court decides to stay any of the ongoing cases. “If the legal challenges are paused, then the NHI rollout should also be paused,” the organisation said.

The business lobby warns that allowing the NHI to move forward under a legal cloud could “cause unnecessary damage” to South Africa’s healthcare system damage that might need to be reversed later if courts ultimately find the law unconstitutional.

A Growing Backlash And Public Concern

Since President Ramaphosa signed the NHI Bill into law in May 2024, public opinion has been sharply divided. Supporters see it as a long-overdue move toward universal healthcare, while critics fear it could collapse private healthcare, overburden the state, and drive medical professionals out of the country.

On social media, many South Africans have voiced frustration that government appears to be pushing ahead despite widespread opposition. “They want to roll out something that even doctors and economists say is unsustainable,” one user wrote on X (formerly Twitter). Another added, “If it’s constitutional, why avoid scrutiny?”

The Bigger Picture

The NHI, first proposed over a decade ago, aims to create a single, state-run health insurance fund that covers all South Africans, replacing much of the private medical aid system. But questions remain about how it will be funded and whether the state can manage it effectively given ongoing corruption scandals in the public health sector.

With Sakeliga’s latest legal action, the NHI’s path forward is looking even more uncertain. What was meant to be a major step toward healthcare equality may now turn into one of the longest legal battles in democratic South Africa.

{Source:Business Tech}

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