The president’s casual disregard for criticisms against the NHI will likely be one of the biggest legal pitfalls of the whole saga.
President Cyril Ramaphosa is moments away from signing the National Health Insurance Bill into law, paving the way for a massive overhaul of healthcare in South Africa.
According to legal expert Neil Kirby, Director and Head of Healthcare and Life Sciences at Werksmans Attorneys, the NHI will face major legal hurdles once signed into law, and one of the biggest themes that will likely be tackled in the courts is whether or not the processing of the laws was fair.
“We need to ask if the process has been fair to those involved, and a proper appreciation of the implications for the stakeholders that are interested and affected by this legislation,” Kirby said. “How much is this going to cost? And can we as a country—whether the cost is R140 billion rand to start with and R700 billion at the end—can we afford it?
“We have no real idea. We have an inkling that it could be primary health care benefits to start. And we know that maternity benefits as a defined benefit along with emergency care benefits are going to be moved into NHI away from medical schemes, so we have an indication, but there is nothing that you can say ‘thank goodness for the NHI’,” he said.
“And then you have detractors….who will say ‘no, we think it’s a bridge too far. I think you’ve got too much emphasis in the wrong spots here’.Kirby said that another issue to be faced with the NHI is that of South Africans being able to choose where they procure their healthcare – and if they can afford NHI and private healthcare.
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