Legal battle looms as SAMA contests National Health Insurance Act in court

The South African Medical Association (SAMA) is set to challenge the constitutionality of the National Health Insurance Act, arguing that its implementation could jeopardise healthcare quality for both doctors and patients

The South African Medical Association (SAMA) is set to challenge the constitutionality of the National Health Insurance Act, arguing that its implementation could jeopardise healthcare quality for both doctors and patients

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Published Apr 2, 2025

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The South African Medical Association (SAMA) has announced its intention to challenge the constitutionality of the National Health Insurance (NHI) Act in court.

President Cyril Ramaphosa signed the contentious NHI Bill into law last year. This is despite objections from business groups and several political parties, which argued that it will negatively affect healthcare services in the country.

According to Ramaphosa, once implemented, the NHI will provide all South Africans with affordable healthcare, regardless of their financial status.

During a media briefing on Monday, the CEO of SAMA, Dr. Mzulungile Nodikida, stated that the association is bringing forward the "most comprehensive constitutional challenge to NHI to date."

He added that SAMA is challenging multiple provisions within the Act, which they believe will severely prejudice both doctors and patients. Unlike other legal challenges against the NHI, Nodikida emphasised that their challenge represents the missing voice of doctors.

"One of the distinguishing factors of our legal challenge to the NHI is that we represent the missing voices in all the legal challenges have filed before ours, where we advocate for both the professionals and their patients," he said.

SAMA Chairperson, Dr. Mvuyisi Mzukwa, stated that doctors in the country are already working under "immense pressure" and warned that the implementation of the NHI would place even greater strain on healthcare professionals.

“Doctors are already working under immense pressure, and the NHI will add further strain on healthcare professionals while reducing their ability to provide quality care. SAMA's legal challenge is about ensuring a healthcare system that is fair and workable for both patients and medical practitioners,” he said.

Cape Argus