South Africa Case Law

South African Nursing Council v Khanyisa Nursing School (Pty) Ltd and Another (835/2022)

South African Nursing Council v Khanyisa Nursing School (Pty) Ltd and Another (835/2022) [2023] ZASCA 86; 2024 (1) SA 103 (SCA) (2 June 2023)

Court

Supreme Court of Appeal

Case number

835/2022

Judges

Dambuza, Gorven, Meyer, Daffue, Unterhalter

The court held that “any calendar year” in nursing regulations means any 12-month period, not necessarily January to December, and dismissed the appeal.

• Interpretation Of Regulations
• Accreditation Of Educational Institutions
• Legitimate Expectation
• Vocational Training
• Costs Award
• Statutory-interpretation

South African Nursing Council v Khanyisa Nursing School (Pty) Ltd and Another (A205/2022)

South African Nursing Council v Khanyisa Nursing School (Pty) Ltd and Another (A205/2022) [2022] ZAGPPHC 837 (24 October 2022)

Court

North Gauteng High Court, Pretoria

Case number

A205/2022

Judges

Van der Schyff, Millar, Mbongwe

The majority held that Khanyisa Nursing School failed to prove exceptional circumstances or irreparable harm justifying the operation of the order pending appeal. The regulatory framework requires that the 44 weeks of training occur within a calendar year, and the court cannot grant an order contrary to the regulations. The alleged financial harm and prejudice to students and staff were not substantiated with sufficient evidence, and any harm suffered was not irreparable, as training could commence in 2023. The fact that SANC allowed other institutions to commence mid-year did not create a pr…

Source excerpt

• Promotion Of Administrative Justice Act
• Execution Pending Appeal
• Legitimate Expectation
• Interpretation Of Regulations
• Accreditation Of Educational Institutions

Thuto Bophelo Training and Skills Academy (Pty) Ltd v South African Qualifications Authority and Others (5652/2017)

Thuto Bophelo Training and Skills Academy (Pty) Ltd v South African Qualifications Authority and Others (5652/2017) [2017] ZAGPPHC 1182 (10 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

5652/2017

Judge

M F Legodi

The court declined to decide whether a community health work qualification qualifies for nursing admission, instead ordering the responsible authorities to make the determinations.

• National Qualifications Framework
• Declaratory Relief
• Separation Of Powers
• Accreditation Of Educational Institutions
• Interdict
• Nursing Education Admission

Thuto Bophelo Training and Skills Academy (Pty) Ltd v South African Qualifications Authority and Others (5652/2017)

Thuto Bophelo Training and Skills Academy (Pty) Ltd v South African Qualifications Authority and Others (5652/2017) [2017] ZAGPPHC 341 (10 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

5652/2017

Judge

MF Legodi

The court postponed a declaratory application about nursing admission requirements and ordered the relevant authorities to decide qualification equivalence and course eligibility.

• National Qualifications Framework
• Declaratory Relief
• Separation Of Powers
• Accreditation Of Educational Institutions
• Interdict
• Nursing Education Admission