South Africa: On What Grounds Are the Legal Challenges Against the Contentious NHI Act Being Fought?

The National Health Insurance Act has been subjected to five legal challenges. Who are the challengers and what are their grievances?

The National Health Insurance (NHI) Act has long been a controversial piece of legislation among organisations in the health sector and in the broader arena of public opinion.

Since it was signed into law by President Cyril Ramaphosa in May 2024 -- shortly before the general election -- there has been a spate of legal challenges to the Act seeking amendments to certain sections, and in some cases, an outright withdrawal of the law.

There are five legal challenges on the books, led by the South African Medical Association (Sama), the Board of Healthcare Funders (BHF), the Hospital Association of South Africa (Hasa), the South African Private Practitioners Forum (SAPPF) and the trade union Solidarity.

What outcomes are these challengers gunning for, and how does the fight over the Act stand to affect the broader agenda of healthcare reform?

South African Medical Association

The South African Medical Association is the most recent legal challenger to the NHI Act, launching its case against the legislation on 2 April in the Gauteng Division of the High Court in Pretoria....

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