Formulating a new battle plan against the NHI law
Lawyers discuss concerns and objections of two organisations that intend to challenge the legislation in court
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.”..
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