South Africa: Presidency statement on National Health Insurance Act (NHI) litigation

The litigation that has been initiated by various parties against the President and the Minister of Health has necessitated that President Cyril Ramaphosa following  consultations with Minister Aaron Motsoaledi agree to delay the proclamation of any sections of the National Health Insurance (NHI) Act until the Constitutional Court has handed down its judgments in challenges due to be heard on 5-7 May 2026.

These cases relate to the public participation process that led to the adoption of the NHI Bill by Parliament.

The Department of Health has indicated that preparatory work has been ongoing such as the improvement of health services before any sections of the NHI Act are ready for commencement. The undertaking by the President will not affect the timetable for the implementation of the NHI.

The Department of Health will continue in its constitutional responsibility to strengthen the health system and improve the quality of care.

It is anticipated that this agreement will be made an order of court on 24 February 2026.

Government remains committed to the National Health Insurance and will work within the requirements of the law and judicial process to ensure that there is no undue delay.

Distributed by APO Group on behalf of The Presidency of the Republic of South Africa.