In Conversation With Foster Mohale, Departmental spokesperson for Health

The Department of Health has acknowledged the recent Constitutional Court judgment handed down on Monday, 18 May, which declared sections 36 to 40 of the National Health Act 61 of 2003 unconstitutional and invalid. The court found that these sections were irrational and unjustifiably limited the constitutional right to freely choose a trade, occupation, or profession, resulting in them being severed from the Act.
The Department has clarified that the ruling does not relate to the National Health Insurance Act. According to the Department, the sections in question were adopted by Parliament more than two decades ago but were never implemented. It further stressed that no provisions of the NHI Act have been declared unconstitutional, despite claims from some political parties and stakeholders in the private healthcare sector.
The Department maintains that preparations towards implementing NHI and strengthening the public healthcare system will continue. It says these efforts are aimed at achieving universal healthcare coverage in line with Section 27 of the Constitution, which guarantees everyone the right to access healthcare services, including reproductive healthcare.