Yesterday, 2 September 2025, the Western Cape Government (WCG) filed papers with the Constitutional Court to challenge the validity of the National Health Insurance (NHI) Act in order to defend the constitutional right of every resident of the Western Cape to take part in the lawmaking process and to be heard by Parliament.
The implementation of the NHI Act will involve a major and complex restructuring of healthcare services in South Africa, including the services which are currently provided by provincial governments. The NHI implicates a fundamental human right – the right to healthcare – and is of paramount importance to the public interest. The passage of the Bill therefore required extensive and meaningful public participation.
The provincial government believes that the National Council of Provinces (NCOP) failed to consider the views of the people of the Western Cape when it deliberated on the NHI Bill, and hence did not meet its obligation to facilitate meaningful public participation in the legislative process.
Western Cape Minister of Health and Wellness, Mireille Wenger, said, “The NHI is likely one of the most significant and controversial statutes in South African democratic history, which was rushed through the NCOP without considering, debating or deliberating on any substantive input arising from the public participation processes in the provinces.
We bring this challenge in the interests and on behalf of the people of the Western Cape, given our role in the provision of public health care in the
province.” Premier Alan Winde added, “We are standing up for the right of every South African to have a meaningful voice in how laws are made. This is not just a Western Cape issue — it is about preserving a cornerstone of our democracy: that Parliament must be willing to listen.”
The WCG is seeking relief from the Constitutional Court to declare that the flawed public participation process renders the NHI Act unconstitutional and invalid.