President Cyril Ramaphosa has agreed to delay the proclamation of any sections of the National Health Insurance Act (NHI) following litigation brought against the President and the Minister of Health.

In a statement on Tuesday, The Presidency said the decision was taken after consultations between President Ramaphosa and Health Minister, Dr Aaron Motsoaledi, in light of legal challenges currently before the Constitutional Court of South Africa.

“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 in challenges due to be heard on 5 – 7 May 2026,” the statement read. 

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

According to the statement, the undertaking to delay proclamation will remain in place until the Constitutional Court has handed down its judgments. The agreement is expected to be made an order of court on 24 February 2026.

The Presidency emphasised that the delay will not affect the broader timetable for implementing the NHI. The Department of Health has indicated that preparatory work, including efforts to strengthen and improve health services, is ongoing before any sections of the Act are brought into operation.

Government reaffirmed its commitment to the National Health Insurance policy, stating that it will continue to act within the requirements of the law and respect the judicial process to ensure that implementation proceeds without undue delay.

Meanwhile, the Department of Health will continue fulfilling its constitutional responsibility to strengthen the health system and improve the quality of care for all South Africans