The Constitutional Court has heard a second day of arguments in a challenge to the National Health Insurance Act, this time in a case lodged by Western Cape Premier Alan Winde. Winde is challenging the parliamentary process that led to the Act being signed off by Parliament, with particular emphasis on the National Council of Provinces' public hearings.

An allegedly flawed public input process is in the spotlight for a second day in the Constitutional Court, as arguments were heard in a challenge to the National Health Insurance Act on Wednesday.

In the second case brought before the ConCourt by Western Cape Premier Alan Winde, the scrutiny was on how Parliament engaged with the public in Gauteng and the Western Cape when it was considering whether to pass the NHI Act.

On Tuesday, the court heard arguments in a similar case brought by the Board of Healthcare Funders, a nonprofit organisation that represents 65 medical aid schemes, administrators and managed care organisations. The schemes represent 4.5 million beneficiaries.

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The BHF also challenged the public participation process for the NHI Bill, saying that Parliament didn't adequately engage with questions about the cost and funding model needed for the NHI. President Cyril Ramaphosa signed the legislation into law in May 2024, and it was almost immediately challenged. The Act proposed major changes to the country's health system by pooling the resources of private and public healthcare providers.

Focus on Western Cape and Gauteng

Advocate Geoff Budlender SC addressed the court on behalf of Winde and explained that the Premier took...