The Health Department has spent R9.7m defending legal challenges to the National Health Insurance (NHI) Act and the National Health Act since October 2023, Health Minister Aaron Motsoaledi told MPs yesterday.
Responding to a question in the National Assembly from DA MP Michéle Clarke, the minister said the department’s legal team included five senior counsel and seven junior counsel, a BusinessLIVE report says. They were working on five legal challenges to the NHI Act, which was signed into law by President Cyril Ramaphosa in May 2024, and two legal challenges to the National Health Act, he said.
The first piece of enabling legislation for the NHI, the NHI Act, proposes sweeping reforms and has been challenged by trade union Solidarity, the Board of Healthcare Funders (representing medical schemes), the SA Private Practitioners Forum (representing specialists), the Hospital Association of SA (representing private hospitals) and SA’s biggest doctor organisation, the SA Medical Association.
Clarke asked Motsoaledi to justify the scale and expense of his legal team, given that the state had been unable to hire hundreds of newly qualified doctors in January. She also drew attention to the fact that Ramaphosa who is also a respondent in various legal challenges to the NHI Act, had appointed a smaller legal team than Motsoaledi.
A recent High Court judgment ordering Ramaphosa to provide the BHF with his record of decision in signing the NHI Act into law — which he has appealed — illustrates the scale of their respective legal teams. In that matter, the president is cited as the first respondent and is represented by one senior counsel and two advocates, instructed by the State Attorney’s Office. Motsoaledi, who is cited as the second respondent, is represented by four senior counsel, and eight advocates, instructed by a private law firm.
Motsoaledi said the size of his legal team was appropriate, given its workload.
BusinessLIVE – Health department faces growing legal bills over NHI