Cape Town - Health Minister Joe Phaahla has promised to defend any court action against the implementation of the National Health Insurance after Parliament passed the bill.
Phaahla said he was aware there were some groups that had indicated that they would take the government to court over the implementation of the NHI.
He said South Africa was a constitutional democracy and those who wish to go to court can do so, but the government will defend the NHI in the highest court in the land.
It would not be the first time that government was taken to court on either a piece of legislation or other matters.
The NHI was being established to provide cover for all South Africans, said Phaahla.
Phaahla, who was briefing the media on Tuesday after the adoption of the bill by parliament, said they were ready for any court action.
“The court challenges, we live in a constitutional democracy.
“A number of people have either as businesses, individuals or groups pointed out certain areas which they believe are unconstitutional.
“It won’t be new for a Bill or Act once it is signed by the president to be taken to court on either procedural or substantive (grounds),” said Phaahla.
He said from the side of Parliament the portfolio committee on health had followed all procedures required to process the bill up to the final stages.
He said the government was not likely to be found wanting on procedural grounds because of the careful manner in which the committee has done its work.
All processes that were required to get the bill through were followed by the committee.
“It might be as others have said on Constitutional basis, taking away powers of provinces and others who allege that the Bill takes away individual rights to choose this and that,” said Phaahla.
It was in the nature of the political discourse in the country that if they were not happy they would go to court.
But the government was ready to defend itself against litigation in court.
Phaahla said whoever was taking them to court they will be able to respond to the legal challenges.
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