By Lesedi Sibiya-Diplomatic Insider
The government of South Africa has been paying off millions in legal fees in order to meet the mandates and overcome legal challenges that have been presented by the National Health Insurance (NHI) as a pivotal case is set to be heard next month.
Minister of Health Aaron Motsoaledi has noted that the state is facing 15 legal cases in regards to challenging NHI, and each case is costing the state between R2 million and R3 million to defend.
“These cases have been going on for more than a year. The money has been paid to six senior counsels, ten junior counsels and attorneys” said Motsoaledi. The total budgeted towards fighting these cases accumulates to R74 Million.
MP Phillip Van Staden, of the Freedom Front Plus asked the Minister about what contingencies are set in place in the event that the state loses these cases, to which the Minister responded by saying it is “unclear” what is meant by that question.
Motsoaledi only noted that preparations have been set in place to strengthen activities and for work towards NHI which the state has already budgeted for. The latest 2026 budget allocation sits at R9.3 billion to the NHI, with R1.5 billion set aside for direct NHI grants over the next three years and R7.8 billion in indirect NHI funding.
The Minister has highlighted that the High Court has made an order of the court an agreement to put certain legal challenges on hold between litigating parties and the state and in return the state would hold off proclamations of all sections of the NHI act which includes any implementation of the act until the Constitutional Court has passed judgement on at least two cases.
The cases are set to be heard between 5-7 May 2026, with the board of health care funders and Western Cape Government. Motsoaledi has also noted to the Portfolio Committee that these legal challenges could be dragged over the span of 15-20 years.
Due to the fact that NHI was already set to be a decade long process this could cause setbacks even further.