President’s decision to assent to assign the NHI Bill held to be reviewable by the High Court

In a surprising decision which is on appeal, the High Court held that the President’s decision to assent to and assign the National Health Insurance Bill is reviewable because all executive decisions are reviewable under the principle of legality or the law relating to the review of administrative decisions. The court invoked section 173 of the Constitution which gives the Constitutional Court, the Supreme Court of Appeal and the High Court of South Africa inherent power to “protect and regulate their … Read the rest