By Lehlohonolo Lehana.
Health Minister Aaron Motsoaledi unreservedly retracted and apologized for comments that questioned the impartiality of Constitutional Court judges presiding over the National Health Insurance (NHI) Act cases.
Speaking at an event commemorating International Nurses Day in KuGompo City on Monday, 11 May, Motsoaledi said: “I was looking at those judges in their eyes (during the NHI court case). They are beneficiaries of the same system that I am talking about, but they must (preside over a) judgment.”
The Constitutional Court recently reserved judgment in early May 2026 on challenges to the National Health Insurance (NHI) Act brought by the Board of Healthcare Funders (BHF) and the Western Cape provincial government.
The challenges primarily focus on procedural issues and whether Parliament followed meaningful public participation requirements.
In a statement on Friday, the department said Motsoaledi sought to clarify recent comments about judges, parliamentarians such as himself and many other prominent and wealthy South Africans being beneficiaries of the current unequal health system.
“This reference was made by the Minister to demonstrate the systemic challenges caused by gross inequalities within the country’s two-tiered health system, characterised by a well-resourced, heavily state-subsidised private sector which caters for a privileged minority, while the majority are dependent on an under-resourced public sector.”
“These comments should in no way be construed as second-guessing the judiciary’s ability to remain impartial when adjudicating challenges to the constitutionality of the NHI,” departmental spokesperson Foster Mohale said.
He said the minister wished to state categorically that he had full confidence and trust in the fairness and integrity of the judiciary and its commitment to upholding the rights enshrined in the Constitution and the rule of law.
“If by talking about disparities the Minister is understood to have been attacking the judges the Minister would like to unreservedly apologise and withdraw whatever statements may have been offensive.”
Mohale said Motsoaledi reiterated that he would not only accept but fully respect any verdict from the judges of the Constitutional Court.
The NHI Act outlines a significant overhaul of South Africa’s health system by providing universal healthcare to citizens. It aims to pool the resources of private and public healthcare providers, an issue that has caused significant concern within the private healthcare community.