Guardrisk Insurance Company Ltd. v Registrar of the Medical Schemes (168/07) [2008] ZASCA 39; [2008] 3 All SA 431 (SCA); 2008 (4) SA 620 (SCA) (28 March 2008)

Guardrisk Insurance Company Ltd. v Registrar of the Medical Schemes (168/07) [2008] ZASCA 39; [2008] 3 All SA 431 (SCA); 2008 (4) SA 620 (SCA) (28 March 2008)

The Supreme Court of Appeal held that the definitions in the Medical Schemes Act and the Short Term Insurance Act must be interpreted according to the ordinary, literal meaning of 'and' and 'or'. The conjunctive reading of the statutory exclusions means that only contracts meeting all listed criteria are excluded from the definition of 'accident and health policy'. The appellant's AdmedGap and AdmedPulse policies do not meet all the exclusion criteria and therefore do not constitute the 'business of a medical scheme' under the Medical Schemes Act. There is no compelling reason to depart from the literal meaning of the statutory language, and the respondents' concerns about undermining the...

Citation
[2008] ZASCA 39
Parties
Appellant: Guardrisk Insurance Company Limited; Respondent: Registrar of Medical Schemes; Respondent: Council for Medical Schemes
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 March 2008
Case Number
168/07
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Granting Interdict
Outcome
Appeal upheld; interdict set aside.
Judges
Howie, Heher, Ponnan, Snyders, Kgomo
Legal Topics
Medical Schemes Act Interpretation, Short Term Insurance Act Interpretation, Statutory Construction, Insurance Policy Exclusions
Commercial and Corporate Civil Procedure Medical Schemes Act Interpretation Short Term Insurance Act Interpretation Statutory Construction Insurance Policy Exclusions

Case Brief

Summary, issues, holding and outcome

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Parties

Guardrisk Insurance Company Limited

Appellant

Registrar of Medical Schemes

Respondent

Council for Medical Schemes

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Granting Interdict

Legal Issues

  1. 1 Whether the sale of AdmedGap and AdmedPulse policies by the appellant constitutes the 'business of a medical scheme' under the Medical Schemes Act.
  2. 2 Whether the definitions in the Medical Schemes Act and the Short Term Insurance Act should be interpreted conjunctively or disjunctively.
  3. 3 Whether the appellant's policies are excluded from the definition of 'accident and health policy' under the Short Term Insurance Act.

Ratio Decidendi

The Supreme Court of Appeal held that the definitions in the Medical Schemes Act and the Short Term Insurance Act must be interpreted according to the ordinary, literal meaning of 'and' and 'or'. The conjunctive reading of the statutory exclusions means that only contracts meeting all listed criteria are excluded from the definition of 'accident and health policy'. The appellant's AdmedGap and AdmedPulse policies do not meet all the exclusion criteria and therefore do not constitute the 'business of a medical scheme' under the Medical Schemes Act. There is no compelling reason to depart from the literal meaning of the statutory language, and the respondents' concerns about undermining the...

Court Disposition

Appeal upheld; interdict set aside.

Orders

  • The appeal is upheld with costs, including the costs of two counsel.
  • The order of the court below is replaced with: 'The application is dismissed with costs, including the costs of two counsel.'