Phodiclinics (Pty) Ltd v Pinehaven Private Hospital (Pty) Ltd and Others (594/2010)
Phodiclinics (Pty) Ltd v Pinehaven Private Hospital (Pty) Ltd and Others (594/2010) [2011] ZASCA 163; [2011] 4 All SA 331 (SCA) (28 September 2011)
The Supreme Court of Appeal held that the Head of Department made a composite decision regarding both applications for private hospitals, and the appellant was competent to appeal against both the refusal of its own application and the approval of the respondents' application. The court found that necessity is the sole criterion for approval under regulation 7, but identification of a specific site is not required at the permission stage. The failure to serve the appeal on affected parties did not invalidate the appeal, but the procedure adopted by the MEC was procedurally unfair, warranting…
Source excerpt
- Review Of Administrative Action
- Procedural Fairness
- Substitution Vs Remittal
- Health Facility Regulation