JOHANNESBURG - AfriForum has taken legal action to challenge the constitutionality of the National Health Insurance Act.
The lobby group served summons to President Cyril Ramaphosa and Health Minister Dr Aaron Motsoaledi during a media conference at Kempton Park Hospital.
The group argues the Act takes away clinical independence of health practitioners.
AfriForum health spokesperson Louis Boshoff said the Act fails to meet the requirements of Section 27 of the Constitution which mandates the government to achieve progressive access to health care for South Africans.
He said the NHI is impractical and warns that the financial and constitutional costs could be significant for taxpayers and the broader public.
Boshoff argued that the NHI could lead to the opposite effect.
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The group also raised concerns about shifting of healthcare governance powers from provinces to national government.
Among other concerns were the restrictions on patients’ freedom to choose their healthcare facilities, as the Act requires patients to register at a specific facility.
He said it is only if patients cannot be helped at that particular facility can transferred them to another facility and follow a referral pathway.
The NHI was signed into law on 15 May 2024 by President Cyril Ramaphosa.
Its aim was to be a guide transformation of the country's healthcare system to achieve universal coverage for all.
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During the State of the Nation Address (SONA) once again Ramaphosa reiterated the shift to prioritising the health care system of the country.
He said part of preparation for the NHI would be to invest in health facilities, personnel and systems to improve access to quality care.
He said they would also be undertaking substantial investment in health infrastructure, prioritising the construction and revitalisation of academic hospitals.
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But Afriforum is not convince, instead Bashoff argued that since the signing of the Act, promises have been double downed on.
“We haven't seen any feasible funding options for the NHI, and we also haven't seen that any other court application has convinced the ANC to back down on their commitment to NHI. So AfriForum has instituted action proceedings against the NHI Act," Bashoff said.
AfriForum wants the court to declare the Act invalid and refer it back to Parliament.
It warns that the financial and constitutional costs could be significant for taxpayers and the broader public.