The Department of Health has incurred a substantial legal bill, spending R9.7 million since October 2023. This was to defend legal challenges against its flagship National Health Insurance (NHI) Act and the existing National Health Act.
Health Minister Aaron Motsoaledi revealed the figures to MPs yesterday. This was in response to a question posed by Democratic Alliance (DA) MP Michéle Clarke in the National Assembly.
Extensive Legal Team Deployed
Motsoaledi confirmed that the department's legal team comprises a formidable force. This team consists of five senior counsel and seven junior counsel. It is currently pursuing five separate legal challenges targeting the NHI Act, which President Cyril Ramaphosa signed into law in May 2024. Additionally, there are two legal challenges against the National Health Act.
The sweeping reforms proposed by the NHI Act have prompted legal action. This action comes from a broad spectrum of stakeholders within the healthcare sector.
Justifying the Costs: A Matter of Workload
DA MP Michéle Clarke questioned the scale and expense of the legal team. This is especially concerning given the state's inability to employ hundreds of newly qualified doctors in January. She also highlighted the disparity in legal team sizes. President Ramaphosa, who is also a respondent in some NHI Act challenges, has a smaller legal representation.
A recent High Court judgment ordered President Ramaphosa to provide the BHF with his record of decision in signing the NHI Act into law. He has since appealed this decision. This showcased the difference in legal representation. In that specific matter, the state attorney's office instructed one senior counsel and two advocates to represent the President. In contrast, a private law firm instructed four senior counsel and eight advocates to represent Minister Motsoaledi, who is cited as the second respondent.
Motsoaledi defended the size of his legal team, asserting that it is appropriate for the substantial workload. He said that anyone who has participated in litigation knows how expensive senior counsel can be.
The ongoing legal battles underscore the significant challenges. There is widespread contention surrounding the implementation of the National Health Insurance in South Africa.