President Cyril Ramaphosa has filed papers in the Gauteng High Court in Pretoria, seeking leave to appeal the full court judgment of the said court, which found that his decision to sign the National Health Insurance NHI Act is reviewable and subsequently gave him 10 days to furnish the record of the decision.
That judgment forms of an ongoing battle to review and set aside the Presidents decision to sign and assent to the NHI Act led by the Board of Healthcare Funders.
The President, in his latest bid, lists numerous grounds for leave to appeal including that the full Court, in its decision, erred in failing to take into account the breadth of the discretion enjoyed by the President.
In doing so, and in further seeking to determine how to exercise his constitutional obligation, the Court committed the separation of powers harm.
The President, not only seeks leave to appeal in the High Court but also intends to institute an application for leave to appeal directly to the Constitutional Court by 27 May 2025.
