The Department of Health has welcomed a decision by the Gauteng High Court to dismiss a legal attempt by trade union Solidarity to halt the department’s ongoing efforts to strengthen the public health system.
In a statement issued on Thursday, the department said Solidarity sought to stop the filing of critical posts under the National Health Insurance (NHI) branch.
According to the department, the trade union approached the court last year to challenge a decision it took to advertise and fill 44 vacancies, including five Chief Directors and competent technical specialists “to assist with the preparation for the National Health Insurance Fund for the country to achieve universal health coverage”.
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“The union argued that the NHI should be established only after the NHI Bill has been signed into law by the President. However, Section 85(2) of the Constitution empowers the Minister of Health to develop and implement national policies deemed critical to improve healthcare delivery to achieve a long and healthy life for all South Africans.
“Further, the National Health Act of 2003 (Act 61 of 2003), Section 3(1) provides that the Minister must, within the limit of available resources, determine the policies and measures necessary to protect, promote, improve, and maintain the health and wellbeing of the population,” the department said.
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The court found that the establishment of the NHI branch, as part of the department’s organisational structure, does not amount to the implementation of a Bill. The functions of the branch remain relevant for any health system in the world, public or private.
Thus, the creation of these critical posts responsible for, amongst others, health products procurement, health care benefits and provider management, health system digital information, risk and fraud management, and user and service provider management, are part of broader health system strengthening.
The court ruling now paves way for the health department to prepare the rollout of NHI once it is signed into law.
