South Africa Case Law

Abrahams and Others v Health Professions Council of South Africa and Others (A216/2024)

Abrahams and Others v Health Professions Council of South Africa and Others (A216/2024) [2025] ZAGPPHC 666 (1 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

A216/2024

Judges

Mudau, Davis

The High Court upheld an appeal by six medical technologists, setting aside HPCSA findings that they had engaged in an undesirable business practice and allowed themselves to be exploited.

• Health Professions Act
• Disciplinary Appeal
• Ethical Rules
• Statutory Interpretation
• Health-professions-act
• Disciplinary-appeal

National Commissioner of Police Service and Another v Bobie NO and Another (C585/16)

National Commissioner of Police Service and Another v Bobie NO and Another (C585/16) [2018] ZALCCT 4; (2018) 39 ILJ 1140 (LC) (2 February 2018)

Court

Labour Court Cape Town

Case number

C585/16

Judge

Rabkin-Naicker

The application for review fails because the applicants did not properly identify the legal grounds for review under section 158(1)(h) of the LRA. Instead, they merely disagreed with the factual findings of the Appeals Authority and labelled them as irrational or unreasonable. The Labour Court emphasized that a review cannot succeed simply because the decision is considered incorrect; the grounds for review must be legally permissible and properly conceptualised. The applicants' submissions were akin to those made in an appeal, not a review, and failed to engage with the complexities of wheth…

Source excerpt

• Section 158 1 H Review
• Irrationality
• Unreasonableness
• Disciplinary Appeal
• Principle Of Legality
• Paja Review

South African Municipal Workers' Union obo Cindi and Another v South African Local Government Bargaining Council and Others (JR2299/14)

South African Municipal Workers' Union obo Cindi and Another v South African Local Government Bargaining Council and Others (JR2299/14) [2016] ZALCJHB 342; (2017) 38 ILJ 472 (LC) (30 August 2016)

Court

Labour Court Johannesburg

Case number

JR2299/14

Judge

Voyi

The court held that the applicant's understanding of the effect of noting a disciplinary appeal was misconceived. The principle that an appeal suspends the operation of a judgment applies only to court orders and not to disciplinary decisions. Once an employee is lawfully dismissed, the employment relationship is terminated, and the noting of an internal appeal does not suspend the dismissal or entitle the dismissed employee to continued salary payments. The arbitrator's decision to dismiss the unfair labour practice claim was correct, as there was no employment relationship at the time the s…

Source excerpt

• Unfair Labour Practice
• Disciplinary Appeal
• Effect Of Appeal On Dismissal
• Employment Relationship Termination

Simon v South African Pharmacy Council and Others (9723/03)

Simon v South African Pharmacy Council and Others (9723/03) [2006] ZAWCHC 14 (7 April 2006)

Court

Western Cape High Court, Cape Town

Case number

9723/03

Judge

Le Grange

The High Court dismissed a pharmacist’s appeal against being struck from the register after 45 fraud convictions, holding the sanction was not irrational or unreasonable.

• Professional Misconduct
• Disciplinary Appeal
• Promotion Of Administrative Justice Act
• Bill Of Rights Limitation
• Professional-misconduct
• Disciplinary-appeal