The legal challenge regarding whether Parliament acted in accordance with the Constitution when it passed the NHI Act will be heard at the Constitutional Court from 5-7 May, when the Board of Healthcare Funders and the Western Cape Government (WCG) will argue they were not properly consulted during the Bill’s development and the Act’s assent, reports The Star.
Meanwhile, President Cyril Ramaphosa has agreed to delay the proclamation of any sections of the Act until the judgments in the two challenges.
The Department of Health has said this pause will not, however, affect the timetable for the implementation of the NHI.
The WCG recently filed papers with the Constitutional Court challenging the validity of the NHI Act, to defend in what it said is the constitutional right of every Western Cape resident to take part in the law-making process and to be heard by Parliament.
In court papers, Mireille Wenger, Western Cape Minister of Health and Wellness, said that despite NHI being arguably one of the most significant and controversial statutes in South African democratic history, this was rushed through the NCOP without considering, debating, or deliberating on any substantive input arising from the public participation processes in the provinces.
The WCG wants the court to declare that the “flawed” public participation process renders the NHI Act unconstitutional and invalid.
The Board of Healthcare Workers, meanwhile, said in its court papers that it is not against a universal healthcare system, but will focus on how Parliament executed the process.
It said critical information, including funding details and operational aspects, was not made public during the legislative process, and that its application is brought in the interests of all South Africans.
It has sought a suspension of the Bill for not more than two years, for Parliament to revisit the public participation process and to properly and meaningfully consider the provisions of the NHI Bill.
In opposing the applications, Parliament and the Executive will argue that extensive public hearings were held across all provinces and that written submissions were taken into account.
The Star PressReader article – NHI challenge in front of ConCourt next month (Open access)
See more from MedicalBrief archives:
Ramaphosa granted ConCourt hearing for NHI appeal
Judge orders Ramaphosa to hand over records on NHI Bill