Solidarity noted on Wednesday that it has achieved a major breakthrough in its fight against the proposed National Health Insurance (NHI) when a core pillar on which the State’s centralisation of healthcare rests was declared unconstitutional in the High Court.

The court ruled that Certificates of Need (CoNs) in the National Health Act Sections 36 to 40, in which the government would have the power to determine where medical practitioners may practise, are “invalid” in their entirety.

The ruling will go to the Constitutional Court for confirmation.

“As a result of this specific case brought to court by Solidarity and other applicants, the controversial CoNs have been crossed out,” said Solidarity CE Dr Dirk Hermann.

Solidarity highlighted that in its current format the NHI cannot be implemented, as central planning is an important factor, “and this has now been found unconstitutional”.

Earlier this month, the organisation vowed to fight the Bill in court.

In May, the organisation served court documents on the government, this after President Cyril Ramaphosa signed into law the Act, less than two weeks before the May 29 elections.

The Act was signed amid significant criticism from political parties and civil society organisations, with Solidarity saying the NHI Act was “impracticable, unnecessary and totally unaffordable”.

Hermann noted that according to the court judgment, the Department of Health must also bear Solidarity’s and the other parties’ costs.

“Years of hard work and sustained support from the general public as well as role players in the medical industry opposing the legislation have been justified with this judgment,” he highlighted.

The organisation explained that its sights were still completely set on the court battle against the NHI Act, which dealt more specifically with the centralisation of funds for healthcare.

Hermann said Solidarity would continue its litigation against the NHI in its entirety and believed it was now in a very strong position to achieve victory in court.

The Democratic Alliance (DA) said it had always been committed to its belief in universal quality healthcare for all citizens, however, it remained adamant that the NHI was not the vehicle for this.

The party said the Bill would cause much damage to the public and private health sectors.

DA Health spokesperson Michele Clarke said the court ruling had important implications for the implementation of the NHI Act as the Act heavily relies on CoNs for the placement of service providers, such as doctors or nurses, in specific communities.