The health department is continuing with its preparations for National Health Insurance (NHI), undeterred by last week’s high court ruling, health minister Aaron Motsoaledi told parliament on Wednesday.
NHI, the ANC’s controversial plan for universal health coverage, faces more than a dozen separate legal challenges.
The minister and President Cyril Ramaphosa agreed last week not to proclaim or implement any sections of the NHI Act until the Constitutional Court has ruled on two legal challenges to parliament’s public participation process when it considered the legislation.
The agreement was made an order of the court on February 24 and followed an undertaking to the same effect set out in a letter from the state attorney to parties litigating against NHI on February 20.
The NHI Act sets in motion sweeping reforms that include the establishment of a government-controlled NHI Fund, which will purchase all the health services provided to eligible patients from both public and private sector providers.
The health department’s plans to upgrade hospital infrastructure, introduce a national electronic patient record system and institute price controls for private healthcare services were going ahead, the minister told parliament’s portfolio committee on health.
“We were about to ask the president to promulgate certain sections of the NHI Act … That is put on hold. But in terms of preparation, we are going full force,” he said.
Legal challenges
The Constitutional Court is due to hear the two public participation challenges between May 5 and 7.
The Board of Healthcare Funders, an industry association for medical schemes, is challenging the public participation process undertaken by the portfolio committee on health, which is part of the National Assembly, while the Western Cape is challenging the public participation process conducted by the National Council of Provinces.
The presidency said last week that the health department will continue its work to improve health services before any sections of the NHI Act are ready for commencement.
Business lobby group Sakeliga said it reserves its rights to approach the court should the minister breach the court order.
“We will monitor these so-called preparations and remind the minister that implementation of the NHI Act or exercise of his powers under that act is stayed, as per the court order,” said its spokesperson, Anton Meijer.
Health director-general
Pressed by MPs to provide an update on the arrest on Monday of health director-general Sandile Buthelezi and two other senior department officials, Motsoaledi said he has asked the presidency to advise him on Buthelezi’s status, as directors-general are presidential appointments.
He is seeking legal advice on whether Buthelezi’s bail conditions preclude him from continuing his work for the health department, he said.
Buthelezi, deputy director-general for hospital services Percy Mahlati and CFO Phaswa Mamogale were arrested on Monday and charged with fraud and theft relating to the payment of a service provider appointed for a disciplinary inquiry into a lower-ranking official. They were each granted R10,000 bail and barred from entering the health department’s premises.
Motsoaledi said media reports that the disciplinary inquiry was instituted in order to target a whistle-blower are incorrect.
“I want to assure the committee that … I will never participate in any process that involves charging or persecuting a whistle-blower. I have worked in home affairs, and without whistle-blowers, the state cannot survive,” he said.
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