Jammine and Another v Health Professions Council of South Africa and Another (40395/2016) [2017] ZAGPPHC 1037 (3 July 2017)
Court
North Gauteng High Court, Pretoria
Case number
40395/2016
Judge
TM Makgoka
The court dismissed an urgent bid to register paramedics from an unaccredited diploma, holding that the accreditation withdrawal had to be reviewed first.
Emergency Medical Supplies and Training CC (Trading as EMS) v Health Professions Council of South Africa and Another (116/2012) [2013] ZASCA 87; [2013] 4 All SA 1 (SCA) (31 May 2013)
Court
Supreme Court of Appeal
Case number
116/2012
Judges
Mthiyane, Maya, Shongwe, Erasmus, Mbha
The Supreme Court of Appeal held that an appeal under section 20 of the Health Professions Act is a narrow appeal in the ordinary sense, confined to the merits and the record before the Board. The appellant had exceeded its accredited scope by offering more courses than approved, contrary to section 16(1) of the Act. The Board's decision to withdraw accreditation was justified, as the appellant's conduct breached statutory requirements and the quality of training was found to be substandard. The November 2006 examination was fair, and the Board's assessment of standards was entitled to defere…
Emergency Medical Supplies & Training CC v Health Professions Council of South Africa and Another (A15/2007) [2008] ZAWCHC 73 (12 December 2008)
Court
Western Cape High Court, Cape Town
Case number
A15/2007
Judges
Motala, Manca
The court held that the appeal under section 20 of the Health Professions Act, in circumstances where the decision was taken in the absence of the appellant and no formal record exists, is a wide appeal. The court is not restricted to the information before the decision-maker and may consider additional evidence. The notice of appeal was delivered within the statutory period, as the relevant date is when the decision was communicated to the appellant, not when it was made. The appellant prosecuted the appeal within a reasonable time, given the practical difficulties encountered. The responden…
