The Democratic Alliance (DA) said on Tuesday it will pursue legal action if the African National Congress (ANC) government passes the “disastrous” National Health Insurance (NHI) Bill.

DA Shadow Minister of Health Michele Clarke said the NHI Bill is completely out of touch with reality as South Africa cannot afford to financially implement the NHI.

Clarke added that, to date, opposition parties are yet to see an up-to-date costing model or feasibility study that takes into account the damaging effects Covid-19 had on the country’s economy or the possible effects of the looming recession.

“The DA today confirms that should the ANC use its majority to bulldoze the disastrous National Health Insurance Bill through the Health Committee and both Houses of Parliament, the DA has instructed its attorneys to deliver a letter of demand to President Cyril Ramaphosa to send the unconstitutional, reckless and impractical NHI Bill back to Parliament for reconsideration. Should the President refuse this request, the DA, along with other civil society organisations, will reserve their right to challenge the legality of the Bill in court,” she said.

Clarke went on to explain that this decision was taken after deliberations in the Health Committee ended and the ANC did not accept any material changes to the Bill despite overwhelming opposition from the majority of opposition parties.

The DA says while it has championed universal healthcare, the NHI Bill, in its current form, will fall dismally short of achieving this objective.

“Instead, what we will see is the public healthcare infrastructure being even more underfunded and patients dying and masse from the lack of services available to them,” the party highlighted.

The DA is of the view that large-scale corruption will be seen, as the Bill will establish a fund which will pool the Health Department’s funding for the entire country under one entity without any guarantees that proper oversight and internal controls will be implemented.

“A fund of this size, without sufficient controls against looting and corruption will see a State Capture that is even greater than the one under Jacob Zuma’s reign,” said Clarke.

The DA will provide the chairperson of the Health Committee with its written submissions on why the NHI will not work and request that the State Law Advisors provide a written legal opinion on the various constitutional and legal issues so that if it comes to that stage, civil society can fight the Bill in court.