Ramaphosa Delays NHI Proclamation Pending ConCourt Ruling

The cases, scheduled to be heard from 5 to 7 May 2026, relate to the public participation process that preceded Parliament’s adoption of the NHI Bill.

President Cyril Ramaphosa has agreed to delay the proclamation of any sections of the National Health Insurance (NHI) Act following ongoing legal challenges before the Constitutional Court.

In a statement issued on Tuesday, The Presidency confirmed that the decision was taken after consultations between the President and Health Minister Dr Aaron Motsoaledi, in light of litigation brought against both office bearers.

Delay Linked to Constitutional Court Challenges

The cases, scheduled to be heard from 5 to 7 May 2026, relate to the public participation process that preceded Parliament’s adoption of the NHI Bill.

“The litigation that has been initiated by various parties against the President and the Minister of Health has necessitated that President Cyril Ramaphosa, following consultations with Minister Aaron Motsoaledi, agree to delay the proclamation of any sections of the National Health Insurance (NHI) Act until the Constitutional Court has handed down its judgments,” The Presidency said.

The undertaking to delay the proclamation will remain in effect until the Constitutional Court delivers its rulings. The agreement is expected to be made an order of court on 24 February 2026.

Broader NHI Rollout Unaffected

The Presidency emphasised that the temporary delay will not alter the broader implementation timeline of the NHI policy.

The Department of Health confirmed that preparatory work continues, including strengthening public health infrastructure, improving service delivery systems and building institutional capacity ahead of the Act’s phased implementation.

Government Reaffirms Commitment

Government reiterated its commitment to the NHI as a key reform aimed at achieving universal health coverage in South Africa.

Officials stated that the delay reflects respect for the judicial process and adherence to constitutional requirements, while ensuring that implementation proceeds lawfully and without unnecessary disruption.

In the interim, the Department of Health will continue fulfilling its constitutional mandate to strengthen the health system and improve the quality and accessibility of care for all South Africans.