AfriForum Files Lawsuit Over NHI Act, Serves Summons on President Ramaphosa and Dr Motsoaledi

• AfriForum has challenged the constitutionality of the National Health Insurance (NHI) Act, taking legal action against it
• The civil rights organisation raised concerns about the Act's impact on patient choice and the clinical independence of health practitioners
• AfriForum also raised concerns with what it termed the African National Congress's (ANC) ideological agenda

Byron Pillay, a Briefly News journalist, has dedicated a decade to reporting on the South African political landscape, crime, and social issues. He spent 10 years working for the Northern Natal Courier before transitioning to online journalism.

GAUTENG – AfriForum has served a summons on President Cyril Ramaphosa and Minister of Health, Dr Aaron Motsoaledi, as part of its legal challenge against the National Health Insurance (NHI) Act.

The civil rights organisation has expressed criticism of the Act since it was signed in 2024, questioning its constitutionality. On 18 February 2026, the organisation announced that it was taking legal action.

Read also

FF+ Leader Corné Mulder says Afrikaners willing to help fix South Africa but demand equal treatment

The announcement was made during a media conference at the dilapidated Kempton Park Hospital, with AfriForum saying that the venue served as a warning of what could await the country’s health sector should the NHI be implemented.

AfriForum says NHI is inconsistent with the Constitution

During the media conference, Wian Spies, AfriForum’s legal representative, said that the NHI Act was inconsistent with the Constitution. He stated that it must therefore be declared invalid and referred back to Parliament.

AfriForum also noted that others have instituted legal proceedings against the Act, but that the organisation was the first to do so under this law.

“AfriForum’s summons launches a comprehensive attack on the NHI Act and points to the unconstitutionality of several provisions therein,” the organisation said.

What does AfriForum consider unconstitutional?

The organisation listed several points of unconstitutionality that it objected to, which included the dilution of provincial governments’ constitutional powers and the restriction of patients’ freedom of choice.

The organisation also objected to the restriction of the clinical independence of health practitioners and the lack of rationality of the NHI framework due to its economic unworkability.

Read also

Julius Malema criticises President Ramaphosa, brandishes ANC as biggest crime syndicate as SA reacts

AfriForum raises concern with ‘ANC’s ideological agenda’

AfriForum’s Head of Public Relations, Ernst van Zyl, also noted that the NHI Act contained provisions that not only affected the constitutional rights of AfriForum members, but also those of the public in general.

“All citizens, and Afrikaners in particular, have been victims of the African National Congress’s ideological agenda. The NHI is another such case.

“The ANC has already received ample evidence that it will not improve people’s healthcare, but they continue to cling to it for ideological reasons. This is why AfriForum cannot allow this to continue,” he said.

Other stories about AfriForum and Ramaphosa

Briefly News reported that there have been other instances where AfriForum and President Ramaphosa did not see eye to eye.

• In May 2025, AfriForum hit back at Cyril Ramaphosa for calling the 49 Afrikaners in the United States cowards.
• Cyril Ramaphosa accused AfriForum of undermining South Africa's Democracy amid rising tensions with the USA.
• President Ramaphosa was considering taking action against groups seeking US intervention in South Africa.

Source: Briefly News