[Media Statement] Judges Matter condemns Health Minister Motsoaledi’s attack on the Constitutional Court

PUBLIC STATEMENT:
12 MAY 2026

JUDGES MATTER CONDEMNS HEALTH MINISTER MOTSOALEDI’s ATTACK ON THE CONSTITUTIONAL COURT

The Minister’s comments violate several of his constitutional obligations and must be retracted.

Judges Matter condemns Health Minister Aaron Motsoaledi’s comments disparaging Constitutional Court judges in the National Health Insurance (NHI) case currently pending before the court.

Speaking at an event commemorating International Nurses Day in KuGompo City (formerly East London) on 11 May, Minister Motsoaledi reportedly questioned whether Constitutional Court judges can fairly decide the NHI case, as they are “beneficiaries” of the private healthcare system by virtue of their membership of Parmed (the Parliament and Provincial Medical Aid Scheme, which is open to judges, members of parliament (including ministers), and members of provincial legislatures (including MECs)).

News24 quotes Minister Motsoaledi as saying: “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.”

This is a gratuitous attack on the independence and integrity of the Constitutional Court and, by extension, the judiciary.

This is a gratuitous attack on the independence and integrity of the Constitutional Court and, by extension, the judiciary.

Section 165(2) of the Constitution is clear that “courts are independent and subject only to the Constitution and the law, which they must apply impartially without fear, favour or prejudice.”

In a long line of cases, including President of South Africa v SARFU (1999) and Bernert v Absa Bank (2010), the Constitutional Court has emphasised that a judge holding an account with a bank that is a party to litigation does not, without more, give rise to a reasonable apprehension of bias, which is the key ground for a judge’s recusal. The same principle would apply to judges being members of medical aid schemes.

It is hard to imagine that the Minister does not know this. He most likely does know, which is probably why neither he nor his legal team has filed a formal application for the judges’ recusal from the NHI case. Instead, the Minister has taken to public platforms to accuse judges of impropriety and/or bias by virtue of their membership of medical schemes. This is wrong.

Mbekezeli Benjamin, researcher at Judges Matter, remarks:

“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.”

In addition, he says:

“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.”

Read more: 

• Business Day
• News24

ENDS

About Judges Matter:
Judges Matter is a civil society project of the Democratic Governance and Rights Unit at the UCT Law Faculty, dedicated to monitoring the South African judiciary to ensure transparency and accountability. Judges Matter conducts applied research and advocacy to monitor the appointment of judges and magistrates, their discipline for misconduct, and how the judiciary is governed and administered. More information is available on Judges Matter and on X: @WhyJudgesMatter.

For comment:

Alison Tilley
Co-ordinator: Judges Matter
alison@judgesmatter.co.za

Mbekezeli Benjamin
Researcher: Judges Matter
zikhona@judgesmatter.co.za