Jammine and Another v Health Professions Council of South Africa and Another (40395/2016) [2017] ZAGPPHC 1037 (3 July 2017)

Jammine and Another v Health Professions Council of South Africa and Another (40395/2016) [2017] ZAGPPHC 1037 (3 July 2017)

The court held that the applicants cannot be registered as paramedics on the basis of an unaccredited qualification, as the legitimacy of their qualification is in dispute and unresolved. The decision by the Health Professions Council to withdraw accreditation remains valid and binding until reviewed and set aside by a competent court. The applicants have an alternative remedy available in the pending main application in the Free State Division, where the legality of the Council's decision is being challenged. The relief sought in this application is essentially the same as in the main application, and it would be impermissible and opportunistic for the applicants to circumvent those...

Citation
[2017] ZAGPPHC 1037
Parties
Applicant: Nicole Jammine; Applicant: Xander Loubser; Respondent: Health Professions Council of South Africa; Respondent: Minister of Health
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 July 2017
Case Number
40395/2016
Procedural Posture
Urgent Application / Opposed Application for Final Interdict; Judgment Following Dismissal With Costs
Outcome
Application dismissed with costs, including costs reserved on 24 May 2016.
Judges
TM Makgoka
Legal Topics
Health Professions Act, Accreditation Withdrawal, Final Interdict, Review of Administrative Action
Administrative Law Civil Procedure Health Professions Act Accreditation Withdrawal Final Interdict Review of Administrative Action

Case Brief

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Parties

Nicole Jammine

Applicant

Xander Loubser

Applicant

Health Professions Council of South Africa

Respondent

Minister of Health

Respondent

Procedural Posture

Urgent Application / Opposed Application for Final Interdict; Judgment Following Dismissal With Costs

Legal Issues

  1. 1 Whether the Health Professions Council of South Africa has the authority to withdraw accreditation of the National Diploma: Emergency Medical Care offered by CUT.
  2. 2 Whether applicants can be registered as paramedics despite the withdrawal of accreditation and pending review proceedings.
  3. 3 Whether the requisites for a final interdict have been satisfied.

Ratio Decidendi

The court held that the applicants cannot be registered as paramedics on the basis of an unaccredited qualification, as the legitimacy of their qualification is in dispute and unresolved. The decision by the Health Professions Council to withdraw accreditation remains valid and binding until reviewed and set aside by a competent court. The applicants have an alternative remedy available in the pending main application in the Free State Division, where the legality of the Council's decision is being challenged. The relief sought in this application is essentially the same as in the main application, and it would be impermissible and opportunistic for the applicants to circumvent those...

Court Disposition

Application dismissed with costs, including costs reserved on 24 May 2016.

Orders

  • The application is dismissed with costs, which costs shall include those reserved on 24 May 2016.