These are the sentiments of Dr Larisse Prinsen, a senior lecturer in public law at the University of the Free State (UFS) who was on the OFM Business Hour to discuss the NHI and which key pieces of legislation need to be amended to make way for the contentious bill, which got passed in parliament in June 2023.

Dr Prinsen, says all pieces of legislation or Acts which provide for healthcare related matters will need to be amended in some way or another to make way for the NHI. The most notable ones are the: Income Tax Act and the Medical Schemes Act. Legislation passed at provincial level such as the Free State Hospitals Act for example will also have to be amended to allow for the NHI.

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The NHI has been vehemently condemned by the medical fraternity in the country, with many lamenting that this will expose the private branch of the industry to widespread corruption as has been seen in public healthcare and in other state owned entities. Dr Prinsen notes that this isn’t the only problem with the bill.

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“The aim of the bill and what it tries to achieve ‘equal access to quality healthcare’ is noble and necessary. It also meets the various requirements of a democracy. In theory it’s a good idea and I think we can all agree that in South Africa there is massive disparity especially when it comes to health. But an idea is not always implementable in practice. We’re sitting here with an unworkable and implementable piece of legislation in its current form” says Dr Pinsen.

According to the senior lecturer there is a lot of uncertainty regarding what will be covered by the NHI. On one hand the bill states that the NHI will cover all medical costs. However it then backtracks on itself and says medical aids will be also able to provide medical cover or "top up" costs, raising the question what does "all medical costs" actually entail? This is one of the ambiguities or lacuna's observed in the act. 

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After being passed in parliament on 12 June 2023, it's now headed for the National Council of Provinces (NCOP) for concurrence.

OFM Business Hour