Constitutional Court judge questions parliament's handling of NHI public participation process
via The Citizen3 min read
Parliament is defending its National Health Insurance NHI legislative process after a Constitutional Court ConCourt judge raised concerns about the public participation phase appearing rushed. The ConCourt heard arguments on Wednesday, 6 May 2026, from parliament and the Western Cape government regarding the constitutionality and validity of the NHI Act. Western Cape Premier Alan Winde initiated the application, contending that parliament, specifically the National Council of Provinces NCOP, failed to adequately consider the views of Western Cape residents during deliberations on the NHI Bill. The province argued that the NCOP’s Select Committee on Health and Social Services established an "unreasonable and inflexible" timetable, limiting public submissions in November 2023, and rejected their request for an extension. During proceedings, a ConCourt judge directly asked parliament’s legal representative, Advocate Ngwako Hamilton Maenetje, why the NCOP process seemed "rather rushed." Maenetje responded that assessing a "rush" requires examining the timetable's consequences, such as whether the public was prejudiced, rather than the schedule alone, and maintained that such consequences were not evident. He also addressed concerns about Gauteng’s public participation report, stating that the Gauteng government did not produce a report, rather than being hindered by time constraints. The NHI legislation was first tabled in 2019, passed by the National Assembly in June 2023, appro
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