Presidency Confirms NHI Act Will Not Be Implemented Pending Constitutional Court Ruling

President Cyril Ramaphosa, delivering the State of the Nation Address (Sona) in Cape Town. Image credit: Rodger Bosch/Pool via Reuters

The Mail & Guardian reports that the concerned parties received a letter from the Office of the State Attorney, on behalf of the president, stating that the Minister of Health, Aaron Motsoaledi, would not ask Ramaphosa to enforce any sections of the act while the Constitutional Court cases are pending.

"We reiterate that this is in line with the undertaking previously given by the president that he would not promulgate or bring into operation any provision of the act until requested to by (the) minister.

"As previously stated, the president does not act in isolation in considering and determining whether to bring legislation into effect or in determining whether to implement the legislation," said the letter.

The challenges aim to stop any parts of the law from being implemented until the court has made its ruling, and argue that procedural irregularities may invalidate parts of it.

The letter further states that the decision is influenced by the Department of Health's readiness to implement the legislation, which "applies with particular force in respect of legislation with the scope of the NHI Act."

According to BusinessTech, the NHI Act outlines how the Department of Health will establish the scheme, including the creation of the NHI Fund.

While Ramaphosa signed the NHI Act into law in May 2024, it has yet to be implemented.

The Constitutional Court has scheduled hearings on the public participation challenges for 5 to 7 May 2026.