Western Cape challenges NHI Act in Constitutional Court over public participation concerns
via The Citizen4 min read
The legal challenge against the National Health Insurance NHI Act continued in the Constitutional Court on Wednesday, 6 May 2026, with the Western Cape government arguing that Parliament failed to adequately consider public input. Western Cape Premier Alan Winde and his administration approached the ConCourt in September last year, disputing the validity of the NHI Act, which aims to provide universal access to healthcare in South Africa. The province contends that the National Council of Provinces NCOP did not properly consider submissions during the public participation process for the NHI Bill, citing a tight schedule for input from 31 October to 21 November 2023. Advocate Geoff Budlender, representing the Western Cape, argued that the process compromised public participation, noting that inputs from Gauteng were never presented to the NCOP, and the Western Cape's report was disregarded despite a special meeting. Budlender described the process as a "charade" and a "rubber-stamp exercise," stating that public participation failed fundamentally in two provinces. The Western Cape is asking the court to declare the Act invalid and return it to Parliament, suggesting the urgency to conclude the Bill by the end of 2023 was driven by a push to finish before the 2024 general elections, rather than the Bill's content.
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