Profmed Medical Scheme v Madumise NO and Another (35817/03) [2005] ZAGPHC 15; [2005] 3 All SA 484 (T) (8 February 2005)

Profmed Medical Scheme v Madumise NO and Another (35817/03) [2005] ZAGPHC 15; [2005] 3 All SA 484 (T) (8 February 2005)

The court held that section 50(9) of the Medical Schemes Act expressly empowers the Appeal Board to summon witnesses, administer oaths, and examine witnesses for the purpose of ascertaining matters under investigation. This power is not limited to the strict appellate function but includes an investigative role. The...

Source-derived case information.

Citation
[2005] ZAGPHC 15
Parties
Applicant: Profmed Medical Scheme; Respondent: Advocate B Madumise NO; Respondent: Estate Late M N Govender
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
8 February 2005
Case Number
35817/03
Procedural Posture
Review Application / Judgment
Outcome
Review application dismissed with costs, including costs of two counsel.
Judges
Patel
Legal Topics
Promotion of Administrative Justice Act, Powers of Appeal Board, Summoning of Witnesses, Interpretation of Statutes
Administrative Law Civil Procedure Promotion of Administrative Justice Act Powers of Appeal Board Summoning of Witnesses Interpretation of Statutes

Source-derived case record

Summary, issues, holding and outcome

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Parties

Profmed Medical Scheme

Applicant

Advocate B Madumise NO

Respondent

Estate Late M N Govender

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Appeal Board is empowered to call witnesses under section 50(9) of the Medical Schemes Act.
  2. 2 Whether the decision to call Mr Ravi Naidoo as a witness is reviewable under PAJA or the common law.
  3. 3 Whether the Appeal Board's powers are limited to those of an appeal court or extend to investigative functions.

Ratio Decidendi

The court held that section 50(9) of the Medical Schemes Act expressly empowers the Appeal Board to summon witnesses, administer oaths, and examine witnesses for the purpose of ascertaining matters under investigation. This power is not limited to the strict appellate function but includes an investigative role. The Appeal Board is not confined to the principles applicable to appeal courts and may call witnesses when necessary to resolve factual disputes central to the appeal. The applicant's restrictive interpretation was rejected. The decision to call Mr Naidoo as a witness was within the Appeal Board's statutory powers and not susceptible to review under PAJA or the common law. The...

Court Disposition

Review application dismissed with costs, including costs of two counsel.

Orders

  • The review application is dismissed.
  • Costs are awarded against the applicant, including the costs of two counsel.