The thinking and strategy behind a Constitutional Court challenge of the National Health Insurance (NHI) law emerged at a medical conference last week. The Board of Healthcare Funders (BHF) and Business Unity South Africa (Busa) initiated the challenge to the law, which was signed by President Cyril Ramaphosa this week.

Neil Kirby of Werksmans Attorneys, for the BHF, says awarding regulatory powers to the health minister is clumsy and legally impractical. “From a constitutional point of view, you either get it right from the get-go or you don’t. If we don’t like what’s in front of the president for signing, we have an obligation to test it against the constitution.”..

Subscribe now to unlock this article.

Support BusinessLIVE’s award-winning journalism for R129 per month (digital access only).

There’s never been a more important time to support independent journalism in SA. Our subscription packages now offer an ad-free experience for readers.

Cancel anytime.

Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.

Speech Bubbles

Please read our Comment Policy before commenting.