President Ramaphosa Puts NHI On Hold Pending Constitutional Court Ruling

Pretoria – The controversial National Health Insurance (NHI) has been put on hold pending the outcome of a ruling by the Constitutional Court.

The litigation that has been initiated by various parties against the President and the Minister of Health.

These cases relate to the public participation process that led to the adoption of the NHI Bill by Parliament.

Following consultations with Health Minister Aaron Motsoaledi, President Cyril Ramaphosa agreed to delay the proclamation of any sections of the NHI Act until the Constitutional Court has handed down its judgments in challenges due to be heard from 5 to 7 May 2026.

The South African government, led by the ANC and President Ramaphosa, seeks to implement the NHI primarily to achieve universal health coverage and address deep inequalities in the country’s two-tier healthcare system.

The Department of Health has indicated that preparatory work has been ongoing, such as the improvement of health services, before any sections of the NHI Act are ready for commencement.

“The undertaking by the President will not affect the timetable for the implementation of the NHI,” stated Vincent Magwenya, Spokesperson to the President.

“The Department of Health will continue in its constitutional responsibility to strengthen the health system and improve the quality of care.

“It is anticipated that this agreement will be made an order of court on 24 February 2026.”

Magwenya said the government remains committed to the NHI and will work within the requirements of the law and judicial process to ensure that there is no undue delay.

Those opposed to NHI and their reasons include:

• Solidarity (trade union): Challenges flawed public participation process; seeks declaration of unconstitutionality.
• Hospital Association of SA (HASA): Contest inadequate public engagement in the legislative process.
• SA Medical Association (SAMA): Argues Parliament’s consultation was constitutionally deficient.
• Health Funders Association (HFA): Questions the rationality and constitutionality of the Act’s adoption.
• SA Private Practitioners Forum: Alleges improper public participation leading to invalid law.
• Sakeliga (business lobby): Challenges on grounds of insufficient stakeholder input.
• AfriForum: Seeks to declare NHI unconstitutional for eroding provincial powers, removing freedom of choice in healthcare, and other inconsistencies with the Constitution.
• Board of Healthcare Funders (BHF): Contest public participation flaws.
• Western Cape government: Argues the process was constitutionally flawed.