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The pressure continues to mount on the National Health Insurance (NHI) forcing President Cyril Ramaphosa and Health Minister Aaron Motsoaledi to postpone any implementation of the NHI.
The Presidency announced that the NHI implementation process is now on hold pending a court case. The Presidency said the litigation that has been initiated by various parties against the President and the Minister of Health has necessitated that President Cyril Ramaphosa, following consultations with Minister Aaron Motsoaledi agree to delay the proclamation of any sections of the National Health Insurance (NHI) Act until the Constitutional Court has handed down its judgments in challenges due to be heard on 5-7 May 2026.
The Presidency explained that these cases relate to the public participation process that led to the adoption of the NHI Bill by Parliament.
“The Department of Health has indicated that preparatory work has been ongoing such as the improvement of health services before any sections of the NHI Act are ready for commencement. The undertaking by the President will not affect the timetable for the implementation of the NHI.
The Department of Health will continue in its constitutional responsibility to strengthen the health system and improve the quality of care. It is anticipated that this agreement will be made an order of court on 24 February 2026. Government remains committed to the National Health Insurance and will work within the requirements of the law and judicial process to ensure that there is no undue delay,” said Vincent Magwenya, the Spokesperson to the Presidency.
Solidarity, as one of the litigants sees the order by the High Court on Tuesday, 24 February 20226, as a victory, and has warned Ramaphosa, the department of health and treasury to refrain from defying the court order, as they are ready to take action against them.
Solidarity says the NHI will not happen because it does not make any sense.
“This court ruling is a major breakthrough in our opposition to the NHI. It is beyond comprehension that taxpayers’ money is being used to establish a system that faces such extensive litigation.
The NHI will never be realised. It is simply unworkable, unaffordable, and irrational. It is deeply concerning that anyone could regard it as a sound policy particularly given that billions of rands have already been spent on it. Yet these billions of rands in costs would be only a fraction of the far greater sums and the irreversible loss of life that the NHI package would entail if implemented,” said Theuns du Buisson, economic researcher at the Solidarity Research Institute (SRI).
Solidarity said in its notice, Solidarity specifically calls for renewed and substantive engagement on viable alternatives to the NHI. The preferred outcome of such discussions would be the adoption of the Healthcare Funding Reform Bill – a bill that Solidarity submitted to Parliament in early 2025.
