The Department of Health says it welcomes the judgement delivered by the North Gauteng High Court on Thursday, in which the Solidarity trade union’s legal challenge to prevent the government from implementing the National Health Insurance (NHI), failed.
“This follows an attempt by Solidarity to interdict the department, through an urgent court application, from filling the advertised 44 vacancies as part of efforts by the department to establish a fully functioning NHI branch, while the legislative process on the NHI Bill is underway,” the department explained.
The union, according to the department, filed an urgent court application in the North Gauteng High Court on 11 October 2022, interdicting the department from making appointments of competent technical specialists to the NHI branch to assist with the preparations for the functioning of the NHI Fund.
“The judge has dismissed the application by applicant, Solidarity, with costs.”
The department explained that the objectives of the NHI are to provide universal access to quality and affordable health care for all South Africans, irrespective of their socioeconomic status by ensuring that the use of health services does not result in financial hardship for individuals and their families.
However, Solidarity argued that such advertising, while the Bill still has to pass parliamentary processes, was unlawful.
“The department’s advertisements indicate that it is recruiting competent specialists to assist with preparations for the functions of the NHI Fund. It is, therefore, obvious that the government views the passing of the NHI Bill as a fait accompli and is taking steps while the Bill to operationalise the NHI has not yet been adopted. Such an approach is irrational, unconstitutional and unlawful,” said the Head of the Solidarity Research Institute, Connie Mulder, last month.
In a statement released on Thursday, the department said, it applauds the court for ruling in the best interest of more than 84% of the population who are without medical aids and rely on the public health system to receive health services. – SAnews.gov.za
