Johannesburg – The Board of Healthcare Funders (BHF) has expressed its disappointment over Health Minister Aaron Motsoaledi’s publication of Governance Regulations to the National Health Insurance (NHI) Act.
Minister Motsoaledi recently unveiled the first set of draft regulations for the contentious NHI Act, which faces legal challenges from various quarters including the Government of National Unity partner the Democratic Alliance, BHF, and the Hospital Association of South Africa.
The BHF on Friday, (7 March 2025), said it notes Health Minister Motsoaledi’s publication of Governance Regulations to the NHI Act.
“We are disappointed that Minister Motsoaledi has moved ahead with the publication of regulations under the NHI Act, despite several court challenges questioning the overall constitutionality of the legislation and in circumstances where the section of the NHI Act on which he is relying to do so is not legally in force,” said the BHF.
“We are in court because we believe that the President was obligated by law (section 79(1) of the Constitution) to refer the Bill back to the National Assembly for reconsideration due to the clear reservations expressed, which were before him, regarding the constitutionality of the Bill,” the BHF said.
Amid protestations, the NHI was signed into law by President Cyril Ramaphosa in May 2024.
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Following the signing of the Bill into law, President Ramaphosa committed to engaging with stakeholders on their concerns regarding the legislation.
“However, it appears the President and Minister Motsoaledi have continued to ignore all well-reasoned arguments that have been made by various groups, including the BHF, on why the NHI Act is unconstitutional,” the BHF said.
The BHF said it was resolutely committed to achieving universal health coverage in South Africa.
“However, the NHI Act, in its current form, will undermine this goal,” the BHF said.
“NHI will not address the current deficiencies in the healthcare system and will, instead, cause the mass departure of skilled healthcare professionals.
“It is also unaffordable at a time when the fiscus is already severely constrained.”
The BHF added: “Doing away with medical schemes, which provide cover to more than 9.7 million people, of which 67% are from disadvantaged groups, will further weaken the quality of healthcare available.”
The BHF’s court challenge was heard in the North Gauteng High Court earlier this week.
The BHF is asking the court to review and set aside President Ramaphosa’s decision to sign the Bill into law.
The BHF said it will continue fighting for the establishment of a model that includes both the NHI and access to affordable medical schemes.
“This includes permitting the rollout of LCBOs (low-cost benefit options) – pared-down medical aid schemes – which would allow a further 10 million people to access quality private healthcare,” explained the BHF.
“It is disappointing that, instead of working with the private healthcare sector to find sustainable ways to address the urgent healthcare needs of the country, the National Department of Health continues to forge ahead with the implementation of the unworkable, unaffordable, and unconstitutional NHI Act.”
The BHF said it will “further study” the regulations before making a detailed submission.
“In the meantime, we will continue to fight for progress towards achieving universal healthcare in South Africa through our NHI court action,” said the BHF.
“All South Africans deserve access to quality healthcare, but the NHI as currently proposed will not achieve that.”
The BHF said it will make a formal submission on behalf of its members.
