Solidarity slams unconstitutionality of NGV in letter to Ramaphosa


Solidarity disputes the legality of the National Health Insurance Bill (NHI) in an urgent protest which this week was presented to pres. Cyril Ramaphosa is directed.

The argument emphasizes that the implementation of the NGV is not properly set out in the bill and shows how there has been a failure to prove the affordability of the NGV.

These gaps raise questions about the legality of the process because apparently procedures were not followed correctly during the voting processes on the bill in the National Assembly and the National Council of Provinces.

“Solidarity directs its protest to the president on behalf of members, the community and the wider public as the interest groups it represents. Its purpose is to request the president to seriously reconsider the NGV bill,” said Theuns du Buisson, economic researcher at the Solidarity Research Institute (SNI).

Solidarity believes that the NGV bill should also be considered “illegal” because the correct procedures that apply to the submission of financial laws have been disregarded.

“The NGV bill is a financial bill as it makes tax proposals. According to the Constitution, it should therefore have been submitted to parliament by the treasury and finance minister. However, this process was not followed and the legislative process is therefore invalid,” says Du Buisson.

According to Du Buisson, the state has also failed to provide evidence that the NHI bill is affordable for the taxpayer. This process is also considered a constitutional requirement.

Solidarity consequently appealed to Ramaphosa to waive the bill and instead improve the existing public healthcare system in South Africa as a matter of urgency.

The president was also requested to pay attention to existing regulations according to which membership of medical funds can be made cheaper so that more people can join them.

Solidarity has already indicated earlier that it will fight the NGV all the way to the highest court should Ramaphosa sign the bill.