Health Minister Aaron Motsoaledi says his comments on the National Health Insurance (NHI) case heard in the Constitutional Court (ConCourt) earlier this month were not meant to undermine the judiciary.
Speaking at an event commemorating International Nurses Day in KuGompo City on Monday, 11 May, Motsoaledi reportedly said: “I was looking at those judges in their eyes (during the NHI court case). They are beneficiaries of the same system that I am talking about, but they must (preside over a) judgment.”
Motsoaledi sparked a backlash over these comments, with Judges Matter labelling them “a gratuitous attack on the independence and integrity of the Constitutional Court and, by extension, the judiciary”.
“As a senior member of the Executive, Minister Motsoaledi has a constitutional responsibility, in terms of section 165(4) of the Constitution, to protect the independence, impartiality, dignity and effectiveness of the courts. His comments fly in the face of this responsibility,” said Mbekezeli Benjamin, researcher at Judges Matter.
“Considering that the case was only heard a few days ago, and the judges are still considering the matter, Minister Motsoaledi’s comments may also be read as interfering with the functioning of the courts, which is prohibited by section 165(3) of the Constitution. We therefore call on Minister Motsoaledi to either retract these comments or categorically disavow them. He should also issue an unconditional apology.”
Motsoaledi clarifies NHI comments
On Friday, Motsoaledi clarified his comments, saying they were meant to demonstrate the systemic challenges caused by gross inequalities within the country’s two-tiered health system, characterised by a well-resourced, heavily state-subsidised private sector that caters for a privileged minority, while the majority depend on an under-resourced public sector.
“These comments should in no way be construed as second-guessing the judiciary’s ability to remain impartial when adjudicating challenges to the constitutionality of the NHI,” said Motsoaledi.
“The Minister wishes to state categorically that he has full confidence and trusts in the fairness and integrity of the judiciary and its commitment to upholding the rights enshrined in the Constitution and the rule of law.
“If by talking about disparities the Minister is understood to have been attacking the judges the Minister would like to unreservedly apologise and withdraw whatever statements may have been offensive. The Minister wishes to reiterate that he will not only accept but fully respect any verdict from the judges of our Constitutional Court.
“The Minister regrets that these comments may have detracted from the central message he sought to convey.”
