From Daily Maverick · Honours Mukhari · · 3m
Courts may delay NHI, but cannot deny the right to healthcare
South Africa's constitutional right to quality healthcare will prevail despite judicial reviews of the National Health Insurance scheme, argues a medical doctor and NHI coordinator.
In brief
South Africa's constitutional right to quality healthcare will prevail despite judicial reviews of the National Health Insurance scheme, argues a medical doctor and NHI coordinator. Judicial reviews may delay the National Health Insurance, but South Africa's Constitution guarantees citizens the right to quality…
Courts test but cannot deny healthcare
Judicial reviews may delay the National Health Insurance, but Section 27 of South Africa's Constitution guarantees everyone the right to access healthcare. Courts test constitutionality and due process, not the right itself.
“the role of the courts is to test constitutionality and that due process was followed, not to take away the right to healthcare”
Healthcare spending shows deep inequality
South Africa spends eight point eight percent of G D P on health.The private sector receives fifty-one percent but serves only sixteen percent of the population.The public sector gets forty-nine percent but serves eighty-four percent.
NHI will unify the two-tier system
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The National Health Insurance Act seeks to blend the two-tier system into a unified, single healthcare system that benefits the entire population, addressing structural and systemic inequality in access to quality healthcare.
Shift from sick care to prevention
The NHI represents a paradigm shift. The present system focuses on sick people and hospitalisation. The NHI will focus on health, wellness and disease prevention before people get sick and require hospital admission.
How providers will be paid
At primary healthcare level, a population-based capitation model applies, with services bought in advance by population size.
Private providers will serve for free
Private hospitals, practitioners and specialists will continue rendering services, but will offer them free to the population.The NHI Fund will pay providers on behalf of the population, as prescribed in Section ten of the Act.
Medical schemes will offer complementary cover
Medical schemes' role will change.They may only offer complementary cover for benefits not covered by the NHI Fund, as prescribed by Section thirty-three.Membership remains voluntary and members access preferred accredited private providers for free.
NHI will create jobs for doctors
The Health Professions Council of South Africa's Board Notice eight fifty-six of twenty twenty-five amends Rule eighteen, allowing private hospitals to employ medical doctors.
Local development and community jobs
New business opportunities will be created to invest in health facilities in townships and rural areas. Redesigning primary healthcare will create community jobs including community health workers, health promoters, health educators and home-based care workers.
Transformation will ultimately prevail
Every major transformation legislation has been taken to court.Courts tested and refined them but never stopped transformation.The same will happen with the NHI.Health is a constitutional right and public good, not a commodity.
“Delay is not denial. The people demand the NHI. The Constitution demands the NHI, and history is on our side.”
The headline
Judicial reviews may delay the National Health Insurance, but South Africa's Constitution guarantees citizens the right to quality healthcare, and courts cannot deny this fundamental right.



