Johannesburg – On the eve of President Cyril Ramaphosa signing the National Health Insurance (NHI) Bill into law, the Board of Healthcare Funders (BHF) said it will challenge certain sections in court.
President Ramaphosa will sign the NHI Bill into law on Wednesday, (15 May 2024), at the Union Buildings in Pretoria.
Speaking to The Bulrushes on Tuesday BHF Managing Director Dr. Katlego Mothudi said that he believes that section 33 of the NHI Bill was “unconstitutional and unlawful”.
BHF is the representative organisation for the majority of medical schemes in South Africa.
NHI is a health financing system that is designed to pool funds to ensure access to affordable health services for all South Africans.
Section 33 of the NHI Bill states that private Medical Aid schemes will not be allowed to provide any services that the NHI covers once it is implemented.
“We want section 33 removed as it reduces the role of Medical Aid schemes that are a national asset and the extensive implementation process is expected to span many years and the BHF remains committed to supporting its members,” said Dr. Mothudi.
He said that the BHF was also “calling for calm” among its members, saying it will take several years before the NHI can be fully implemented.
“We need to remain calm as the BHF will continue to actively monitor developments, engage with relevant authorities, and provide guidance and support to its members to navigate the changes ahead,” said Dr. Mothudi.
He said though the BHF acknowledges the signing of the NHI Bill into law, their core aim remains to ensure the sustainability of the healthcare sector, including Medical Aid schemes, managed care organisations, and administrators.
Dr. Mothudi said these entities must be allowed to continue to provide accessible, affordable, and quality healthcare to their Medical Aid scheme beneficiaries and they can only do that if Section 33 of the Bill is changed.
“We will continue to advocate for our members’ interests in the formation of regulations, guidelines, and operational protocols related to the NHI framework and advocating for their interests in the development of regulations, guidelines, and operational protocols related to the NHI,” said Dr. Mothudi.
BHF is not the only organisation against the adoption of the NHI Bill in its current form, as the South African Medical Association (SAMA) has also voiced its concerns regarding the current format of the NHI Bill.
SAMA chairperson Dr. Mvuyisi Mzukwa told The Bulrushes that in its current format the NHI would fail to adequately address the critical socio-economic imbalances and inequalities of the past that continue to plague the South African health system.
“The implementation strategy outlined lacks the necessary depth and practicality required to achieve meaningful and sustainable change. South Africa’s healthcare system is not ready for the NHI as it is currently articulated in the NHI Bill,” said Mzukwa.
He said SAMA hoped and remained optimistic that President Ramaphosa was going to refer the bill back to Parliament for further stakeholders’ engagement to assist with insights and expertise to resolve the challenges the NHI Bill will pose in the quest for universal healthcare.
“These calls for a better healthcare system have been ignored, therefore our effort to ensure the realisation of access to health for the underprivileged and better affordability of healthcare services for those that are already paying for their own healthcare, will fight for the protection of our healthcare services in relevant courts,” said Dr. Mzukwa.
The Democratic Alliance (DA) also slammed the move to sign the NHI into law, saying it was an act of “desperation” by the governing party, the African National Congress (ANC), ahead of the 29 May 2024 general elections.
DA leader John Steenhuisen said during a Live Address on Tuesday: “By signing this bill into law on Wednesday, the ANC will be signing the death warrant of healthcare in South Africa”
He added: “The DA will, upon its signing into law by Ramaphosa, challenge the ANC’s NHI all the way to the Constitutional Court”.
However, the Democratic Nursing Organisation of South Africa (DENOSA) came out in support of the NHI Bill, saying it was about time there was justice for access to quality healthcare services for all South Africans, regardless of their socioeconomic status.
“As DENOSA we are consistent in our full support of NHI BilI and we feel that it should be implemented as soon as possible,” said Spokesperson Sibongiseni Delihlazo.
“We were a bit worried when it was taking time for the President to find his pen.
“This is simply because healthcare workers are the ones dealing with patients on the ground and we witness the challenges.”


