back to top
Sunday, 16 February, 2025
HomeNHIHospitals group latest to launch NHI legal challenge

Hospitals group latest to launch NHI legal challenge

Another legal suit has been lodged against the National Health Insurance Act, with the Hospital Association of South Africa (HASA) becoming the latest group to turn to the courts, ahead of a Cabinet lekgotla where opponents to the current legislation are hoping for a compromise from the ANC (see story in sidebar).

HASA, however, said in a statement that it remained “unequivocally committed to working with all stakeholders to build a healthcare system that sustainably benefits all citizens” and urging all involved parties to engage in a solution-oriented approach.

Until now, the organisation has resisted a court battle over the Act, saying it “firmly believes … affordable solutions, to achieve universal health coverage for all South Africans, are within reach”.

However, said the statement, the government's lack of response to several constructive and practical proposals, including those of Business Unity South Africa (BUSA), and the Minister of Health’s recent public statements concerning the NHI, including regarding the imminent publication of NHI regulations, have necessitated that HASA move forward with its legal challenge.

“Even though HASA has decided to proceed with legal action, it remains hopeful that the Presidency will respond positively to the constructive proposals that have been made.

HASA believes the NHI is “neither sustainable nor affordable” and that dialogue and collaboration “is critical to finding and developing solutions to achieve universal health coverage”.

Melanie Da Costa, chairperson of HASA, said: “We remain firmly committed to participating constructively while the legal process unfolds. As an organisation, we have always preferred to resolve matters through dialogue, and we believe effective healthcare solutions are urgently needed and achievable through a reasonable and collaborative approach.”

Meanwhile, Health Minister Aaron Motsoaledi told global leaders at the World Economic Forum’s meeting last week that government was fighting a “big war” against those opposing NHI.

Several legal challenges have already being launched against the plan, two lodged by organisations representing medical schemes and healthcare professionals, and another by trade union federation Solidarity.

Business Day reports that Motsoaledi, a panellist at the “Health beyond healthcare” session, was responding to Helen Clark, former Prime Minister of New Zealand, about what he sees as critical actions vital to improve health systems and ensure more equitable outcomes.

“It (the NHI) is a big war. There are already three court cases to stop it by big business, right-wing organisations, and even, unfortunately, doctors’ groups saying ‘we don’t want this universal coverage of yours’,” he said.

Universal health coverage based on primary healthcare was SA’s “number one priority” under the Group of 20 presidency, he added.

“We are running two healthcare systems: one is as good as you can find anywhere in Europe. The second is not equipped in terms of human resources and everything else.”

He admitted that SA had one of the world’s most inequitable health systems. “I’m not exaggerating, our gross inequality is worse than in any country when it comes to healthcare – our Gini coefficient is the highest and keeps on growing.

“The amount of money we’re spending on healthcare, not many countries can reach that. But 51% of it goes to only 14% of the population and the remaining 49% has to serve 86% of the population.”

Universal health coverage was the only way to change this, he told the panel.

The panel also discussed the rising tide of communicable diseases, with Motsoaledi noting that the world was facing an “epidemiological switch” from communicable to non-communicable diseases.

“Countries in the north have already entered that long ago. Many countries in the south are still at the level of communicable diseases. SA is in the middle, but about to switch over.”

The government had introduced measures to combat non-communicable diseases, like regulations to limit the salt content of processed food and reduce the sugar content in sweet drinks, while anti-tobacco legislation was being strengthened, he added, referring to the draft Tobacco Products and Electronic Delivery Systems Control Bill, now before Parliament.

See more from MedicalBrief archives:

 

NHI legal challenge ‘discriminatory’, Minister argues

 

Busa and Health Department have ‘constructive’ meeting on NHI

 

Medical schemes and union kickstart NHI legal challenges

MedicalBrief — our free weekly e-newsletter

We'd appreciate as much information as possible, however only an email address is required.