Bader v SA Council for Social Services Professions and Another (56790/2013) [2015] ZAGPPHC 318 (20 February 2015)

Bader v SA Council for Social Services Professions and Another (56790/2013) [2015] ZAGPPHC 318 (20 February 2015)

The court found that neither the Registrar's Committee on Professional Conduct nor the Committee for Preliminary Inquiry provided adequate reasons for their decisions not to refer the applicant's complaint for a disciplinary inquiry. The lack of explanatory statements or engagement with the applicant's factual allegations constituted a failure to comply with the requirements of PAJA. The presumption under Section 5(3) of PAJA that the decisions were made without good reason was not rebutted. The applicant was held to have locus standi as an affected and aggrieved party. The court determined that the appropriate remedy was to set aside the decisions and substitute them with a referral for...

Citation
[2015] ZAGPPHC 318
Parties
Applicant: Brian Bader; Respondent: SA Council for Social Service Professions; Respondent: Leonie Henig
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 February 2015
Case Number
56790/2013
Procedural Posture
Review Application / Judgment on Review Application
Outcome
Application granted; decisions of the Registrar's Committee on Professional Conduct and Committee for Preliminary Inquiry set aside and substituted with referral for disciplinary inquiry; costs awarded to applicant.
Judges
N Davis
Legal Topics
Promotion of Administrative Justice Act, Adequacy of Reasons, Disciplinary Inquiry, Locus Standi, Unprofessional Conduct
Administrative Law Family and Children Promotion of Administrative Justice Act Adequacy of Reasons Disciplinary Inquiry Locus Standi Unprofessional Conduct

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Brian Bader

Applicant

SA Council for Social Service Professions

Respondent

Leonie Henig

Respondent

Procedural Posture

Review Application / Judgment on Review Application

Legal Issues

  1. 1 Whether the decisions of the Registrar's Committee on Professional Conduct and the Committee for Preliminary Inquiry were reviewable administrative actions under PAJA.
  2. 2 Whether adequate reasons were furnished for the decisions not to refer the complaint for a disciplinary inquiry.
  3. 3 Whether the applicant had locus standi to seek review and substitution of the decisions.

Ratio Decidendi

The court found that neither the Registrar's Committee on Professional Conduct nor the Committee for Preliminary Inquiry provided adequate reasons for their decisions not to refer the applicant's complaint for a disciplinary inquiry. The lack of explanatory statements or engagement with the applicant's factual allegations constituted a failure to comply with the requirements of PAJA. The presumption under Section 5(3) of PAJA that the decisions were made without good reason was not rebutted. The applicant was held to have locus standi as an affected and aggrieved party. The court determined that the appropriate remedy was to set aside the decisions and substitute them with a referral for...

Court Disposition

Application granted; decisions of the Registrar's Committee on Professional Conduct and Committee for Preliminary Inquiry set aside and substituted with referral for disciplinary inquiry; costs awarded to applicant.

Orders

  • The decision of the Registrar's Committee on Professional Conduct dated 16 May 2012 is set aside.
  • The decision of the Committee for Preliminary Inquiry on 22 and 23 November 2014 is set aside and replaced with a referral for disciplinary inquiry under Regulation 16.