The debate about a national health insurance scheme continues, but does so in primarily economic terms. The concept has been explored in the media, but very little has been said about what a national health insurance scheme will look like once it has been established.

For the purposes of the debate about health, at least in South Africa, one is required to start with the supreme law of the Republic, being the Constitution of the Republic of South Africa, 1996 (“the Constitution”). The Constitution remains the touch stone for all issues concerning human rights including, but not limited to, the right to access health services, which is set out in Section 27(1)(a) of the Constitution. Accordingly, Section 27(1)(a) has informed and continues to inform all of the legislation that Government has implemented since the enactment of the Constitution including the over-arching legislation that forms the architecture of the healthcare system in South Africa: the National Health Act No. 61 of 2003 (“the NHA”).

Written by: Neil Kirby, Director at Werksmans Attorneys