Zuko Komisa
- President Cyril Ramaphosa and Health Minister Aaron Motsoaledi have agreed to delay the proclamation of any NHI Act sections due to ongoing litigation.
- The suspension remains in place until the Constitutional Court rules on challenges regarding the public participation process, with hearings set for 5–7 May 2026.
- Despite the legal pause, the Department of Health will continue preparatory work and system strengthening to ensure the broader implementation timetable remains unaffected.
The Presidency announced on Tuesday that the implementation of the National Health Insurance (NHI) Act has been paused following high-level consultations between President Ramaphosa and Dr Aaron Motsoaledi.
This decision follows multiple legal challenges brought against the government, which are currently before the Constitutional Court. The agreement to delay any proclamations is expected to be formally made an order of court on 24 February 2026.
The heart of the legal dispute, scheduled for hearing between 5 and 7 May 2026, concerns the public participation process that occurred before Parliament adopted the NHI Bill.
By postponing the activation of any sections of the Act until the judiciary delivers its verdict, the government aims to ensure that the transition to universal healthcare adheres strictly to constitutional requirements and respects the judicial process.
The Department of Health has clarified that this delay will not derail the overall transition plan.
While the legal proceedings unfold, the department remains committed to its constitutional duty to upgrade health services and improve the quality of care for all South Africans.
Preparatory work and infrastructure strengthening will continue in the background, ensuring the system is ready once the legal hurdles are cleared.
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