Business group Sakeliga has filed a counter-application in the High Court to oppose what it calls government: “delay tactics” in the legal battles over South Africa’s National Health Insurance (NHI) Act.

This follows an application by Health Minister Aaron Motsoaledi, backed by President Cyril Ramaphosa, to stay six constitutional challenges against the NHI. Sakeliga argues that such a pause would indefinitely delay judicial scrutiny while allowing the state to begin implementing the controversial law.

Sakeliga filed its own challenge to the NHI in August, arguing that the Act is unconstitutional and would damage healthcare access, affordability, and private participation. It says that the government’s request for a stay is: “unnecessary and prejudicial,” as its challenge deals with different constitutional questions than those of other applicants.

In its new application, Sakeliga asks that if a stay is granted, the state must be barred from enforcing or implementing any part of the NHI until the courts rule on its constitutionality. The organisation says the government’s manoeuvre risks undermining accountability and could entrench an: “unaffordable and harmful scheme” without oversight.

Sakeliga’s court papers also request interim relief under Section 172(1)(b) of the Constitution, which allows courts to suspend the operation of invalid laws. The case adds to growing legal pressure on government as several civil society, business, and medical groups move to challenge the sweeping NHI law.