Professional Board for Emergency Care and Another v De Vries Ambulance Academy (Pty) Ltd (A231/2017) [2017] ZAGPPHC 441 (4 August 2017)

Professional Board for Emergency Care and Another v De Vries Ambulance Academy (Pty) Ltd (A231/2017) [2017] ZAGPPHC 441 (4 August 2017)

The Full Court held that De Vries Ambulance Academy failed to establish exceptional circumstances or irreparable harm as required by section 18 of the Superior Courts Act. The respondent's assertion that its business would close down was unsupported by evidence, and it did not demonstrate why compliance with Form 169A would impact it differently from other institutions. The court found that De Vries could have taken steps to comply with the staffing requirements, and its reliance on its own inaction was impermissible. The court a quo misapplied the legal test by focusing on comparative hardship rather than the statutory requirements. Furthermore, the regulatory harm to the appellants...

Citation
[2017] ZAGPPHC 441
Parties
Appellant: Professional Board for Emergency Care; Appellant: Health Professions Council of South Africa; Respondent: De Vries Ambulance Academy (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 August 2017
Case Number
A231/2017
Procedural Posture
Civil Appeal / Full Court Appeal Against Order Refusing Suspension of Execution Pending Appeal
Outcome
Appeal upheld; order of the court a quo set aside and substituted with dismissal of the application with costs.
Judges
Makgoka, Potterill, Kubushi
Legal Topics
Suspension of Execution Pending Appeal, Exceptional Circumstances, Irreparable Harm, Superior Courts Act Section 18
Administrative Law Civil Procedure Suspension of Execution Pending Appeal Exceptional Circumstances Irreparable Harm Superior Courts Act Section 18

Case Brief

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Parties

Professional Board for Emergency Care

Appellant

Health Professions Council of South Africa

Appellant

De Vries Ambulance Academy (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Full Court Appeal Against Order Refusing Suspension of Execution Pending Appeal

Legal Issues

  1. 1 Whether the respondent established exceptional circumstances justifying the operation of the order pending appeal.
  2. 2 Whether the respondent proved irreparable harm to itself if the order was not implemented, and absence of irreparable harm to the appellants.
  3. 3 Whether the court a quo applied the correct legal test under section 18 of the Superior Courts Act.

Ratio Decidendi

The Full Court held that De Vries Ambulance Academy failed to establish exceptional circumstances or irreparable harm as required by section 18 of the Superior Courts Act. The respondent's assertion that its business would close down was unsupported by evidence, and it did not demonstrate why compliance with Form 169A would impact it differently from other institutions. The court found that De Vries could have taken steps to comply with the staffing requirements, and its reliance on its own inaction was impermissible. The court a quo misapplied the legal test by focusing on comparative hardship rather than the statutory requirements. Furthermore, the regulatory harm to the appellants...

Court Disposition

Appeal upheld; order of the court a quo set aside and substituted with dismissal of the application with costs.

Orders

  • The appeal is upheld with costs, including costs of two counsel.
  • The order of the court a quo is set aside and substituted with: 'The application is dismissed with costs, including costs consequent upon employment of two counsel.'