Volschenk v President van die Suid-Afrikaanse Geneeskundige en Tandheelkundige Raad NO (200/84) [1985] ZASCA 11; [1985] 2 All SA 182 (A) (28 March 1985)

Volschenk v President van die Suid-Afrikaanse Geneeskundige en Tandheelkundige Raad NO (200/84) [1985] ZASCA 11; [1985] 2 All SA 182 (A) (28 March 1985)

The Court held that the Council was empowered by statute and regulation to delegate the investigation of disciplinary complaints to a committee, while retaining the authority to determine and impose sanctions. The committee was entitled to recommend a penalty, but the Council was not bound by that recommendation and could impose a different penalty, including a harsher one. The appellant was afforded the opportunity to make written representations to the Council regarding the penalty, and all evidence and arguments presented before the committee were made available to the Council. The appellant did not request to appear personally or through legal representation before the Council, nor...

Citation
[1985] ZASCA 11
Parties
Appellant: Gert Jeremias Daniel Volschenk; Respondent: President van die Suid-Afrikaanse Geneeskundige en Tandheelkundige Raad, NO
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 March 1985
Case Number
200/84
Procedural Posture
Civil Appeal / Appeal From Review Application
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Jansen, Joubert, Cillié, Van Heerden, Smalberger
Legal Topics
Delegation of Powers, Disciplinary Proceedings, Audi Alteram Partem, Statutory Interpretation
Administrative Law Delegation of Powers Disciplinary Proceedings Audi Alteram Partem Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Gert Jeremias Daniel Volschenk

Appellant

President van die Suid-Afrikaanse Geneeskundige en Tandheelkundige Raad, NO

Respondent

Procedural Posture

Civil Appeal / Appeal From Review Application

Legal Issues

  1. 1 Whether the Medical and Dental Council lawfully imposed a disciplinary sanction on the appellant without allowing personal or legal representation before the Council.
  2. 2 Whether the Council was entitled to impose a harsher penalty than that recommended by the disciplinary committee.
  3. 3 Whether the audi alteram partem rule was violated in the disciplinary process.

Ratio Decidendi

The Court held that the Council was empowered by statute and regulation to delegate the investigation of disciplinary complaints to a committee, while retaining the authority to determine and impose sanctions. The committee was entitled to recommend a penalty, but the Council was not bound by that recommendation and could impose a different penalty, including a harsher one. The appellant was afforded the opportunity to make written representations to the Council regarding the penalty, and all evidence and arguments presented before the committee were made available to the Council. The appellant did not request to appear personally or through legal representation before the Council, nor...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed.
  • The appellant is ordered to pay the costs of the appeal, including the costs of two counsel.