Health and Wellness
Question by:
Hon Rachel Windvogel
Answered by:
Hon Mireille Wenger
Question Number:
3
Question Body:
Regarding the Western Cape Government challenging the NHI:
(a) What are the reasons for her Department’s legal challenge against the implementation of the National Health Insurance Act (NHI Act) and (b) what evidence is available that indicates that devolution will lead to an improvement in our health services?
Answer Body:
RESPONSE FROM THE DEPARTMENT OF HEALTH AND WELLNESS
- The Western Cape Government does not have a challenge against the implementation of the National Health Insurance Act (NHI Act). The Western Cape Government is challenging the validity of the NHI Act on the basis that Parliament failed in its duty to facilitate a lawful public participation process.
- Under Schedule 4 of the South African Constitution health services are a functional area of concurrent national and provincial legislative competence. The Western Cape Government is not challenging the constitutionally assigned allocation of powers.
Date:
Friday, October 3, 2025
