Background The National Health Insurance (NHI) is a proposed health policy in South Africa that aims to change the structure of the health system. Public involvement in the legislation development process is a constitutional requirement in South Africa. Patients are key stakeholders in health policy processes and should to be engaged in NHI policy processes. In order for patients to be engaged, they need to be provided with relevant information and an opportunity to be involved in the policy-making process. Methods This was cross sectional study. Two hundred and forty-four patients from the follow-up clinics at the Department of Internal Medicine, Charlotte Maxeke Johannesburg Academic Hospital in the Gauteng Province, South Africa. The patients were interviewed using a structured interview process, using a questionnaire. Descriptive statistics and logistic regression analyses were run. Results The majority (79.51%) of the participants were not aware of the proposed National Health Insurance (NHI) in South Africa even though the NHI policy process commenced in 2011. Most of the participants (86%) who were aware of the NHI responded that they had not been provided with an opportunity to be involved in the policy making process of the NHI. The odds of awareness were higher for male (OR: 2.08, 95% CI: 1.11 – 3.9, p value: 0.02) than female participants. The odds of awareness were higher for White (OR: 2.36, 95% CI: 1.06 – 5.26, p value: 0.04) and Indian (OR: 2.76, 95% CI: 0.10 – 7.60, p value: 0.05) participants when compared to Black participants. The odds of awareness were higher for retired (OR: 3.13, 95% CI: 1.35 – 7.25, p value: 0.008) than unemployed participants. Conclusions The South African Department of Health cannot claim that they have met the constitutional requirement to involve the public in the setting of this study, since majority of the patients in this study were not aware of the NHI. This requirement is essential to the validity of the NHI policy process. Without the awareness and information about the NHI, patients are not equipped and cannot be involved in the NHI policy process in a meaningful way.