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ConCourt declares sections of NHA inconsistent with the Constitution

The Department of Health (DoH) says it has noted the Constitutional Court judgment declaring that sections 36 to 40 of the National Health Act 61 of 2003 are inconsistent with the Constitution.

19 May 2026

Image source: feverpitched – 123RF.com

The court handed down the judgment Monday, 18 May, further declaring that the sections are irrational and unjustifiably limit the right to choose a trade, occupation or profession freely.

“While noting this judgment, it is also important to clarify that the judgment is not a judgment relating to the National Health Insurance (NHI) Act.

“The sections in question were passed by Parliament 23 years ago and have never been brought into effect. Thus, there is no direct impact of the judgment on the NHI as some within the political and private health sector have rushed to mislead the public on. No section of the NHI has been declared unconstitutional,” the department emphasised.

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The DoH added that it is continuing with preparations for the NHI.

“The Department will continue with all necessary health system strengthening preparations for the NHI as the mechanism for South Africa to realise universal healthcare coverage.

“This is in line with the provisions of section 27 of the Constitution which guarantees everyone the right to access healthcare services, including reproductive healthcare,” the department said.

Source: SAnews.gov.za

SAnews.gov.za is a South African government news service, published by the Government Communication and Information System (GCIS). SAnews.gov.za (formerly BuaNews) was established to provide quick and easy access to articles and feature stories aimed at keeping the public informed about the implementation of government mandates.

Go to: http://www.sanews.gov.za