South Africa Case Law

Welkovics v Health Professional Council of South Africa (A274/2024)

Welkovics v Health Professional Council of South Africa (A274/2024) [2025] ZAGPPHC 676 (4 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

A274/2024

Judges

D Kekana, C Collis

The court found that the appellant, as a private healthcare practitioner, had the right to refuse to accept a private patient unless the situation constituted an emergency. The evidence established that the deceased was stabilized and not in immediate danger at the time of the appellant's decision. No doctor-patient relationship or duty of care arose, as the appellant did not accept responsibility for the patient nor provide treatment instructions. The disciplinary and appeals committees erred in concluding that the appellant acted unprofessionally based solely on financial grounds, and their…

Source excerpt

• Health Professions Act
• Doctor Patient Relationship
• Emergency Medical Care
• Professional Conduct
• Condonation
• Ethical Rules

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

Ramdhin v Rondebosch Medical Centre (Pty) Limited (18180/2024)

Ramdhin v Rondebosch Medical Centre (Pty) Limited (18180/2024) [2024] ZAWCHC 287 (7 October 2024)

Court

Western Cape High Court, Cape Town

Case number

18180/2024

Judge

B Manca

The court held that hospital admission privileges ended by operation of law when the doctor was suspended from practice under the Health Professions Act.

• Implied Terms In Contract
• Hospital Admission Privileges
• Termination By Operation Of Law
• Health Professions Act
• Administrative Action Review
• Implied-terms-in-contract

Health Professions Council of South Africa v Haeck (A2023/050722)

Health Professions Council of South Africa v Haeck (A2023/050722) [2024] ZAGPJHC 455 (7 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2023/050722

Judges

Siwendu, Windell, Unterhalter

The Full Court held that the PCI's decision to refer the complaint to the PCC was not a final decision and therefore not appealable under section 20 of the Health Professions Act. The PCI's function is investigative, not adjudicative, and its referral does not constitute a finding of guilt. Audi alteram partem rights are not required at the investigative stage; they are afforded during the disciplinary inquiry before the PCC. The High Court erred in setting aside the PCI's referral and the misconduct complaint, as it exercised powers not conferred by the Act and intervened prematurely before…

Source excerpt

• Health Professions Act
• Right Of Appeal
• Audi Alteram Partem
• Investigative Decision
• Disciplinary Proceedings

Dowley v Health Professions Council of South Africa (A75/2023)

Dowley v Health Professions Council of South Africa (A75/2023) [2024] ZAGPPHC 305 (28 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

A75/2023

Judges

Baqwa, Le Grange

The High Court upheld an appeal by a non-practicing optometrist, holding that the touting rules did not apply to him and setting aside the disciplinary finding.

• Health Professions Act
• Unprofessional Conduct
• Touting
• Interpretation Of Ethics Rules
• Health-professions-act
• Unprofessional-conduct

Mahfouz v S (A124/2023)

Mahfouz v S (A124/2023) [2023] ZAWCHC 325 (20 December 2023)

Court

Western Cape High Court, Cape Town

Case number

A124/2023

Judge

Lekhuleleni

The court found that the magistrate's refusal to grant bail was justified. The appellant failed to discharge the onus under section 60(11)(b) of the Criminal Procedure Act to show that the interests of justice permit his release. The appellant's previous conviction for fraud, committed under similar circumstances and during the suspension period of his sentence, indicated a likelihood of reoffending. The evidence suggested he continued to practice as an unregistered doctor, posing a risk to public safety. The appellant's attempt to bribe a police officer to destroy evidence further demonstrat…

Source excerpt

• Bail Application
• Fraud
• Health Professions Act
• Flight Risk
• Public Safety
• Corruption Allegation

Makinta v Health Professions Council of South Africa and Others

Makinta v Health Professions Council of South Africa and Others [2023] ZAGPPHC 556; 4414/2022 (5 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

4414/2022

Judge

Sethusha-Shongwe

Review of HPCSA disciplinary proceedings dismissed; the court found no procedural unfairness, no material irrationality, and granted condonation for late answering papers.

• Promotion Of Administrative Justice Act
• Procedural Fairness
• Condonation
• Mootness
• Professional Conduct
• Health Professions Act

Aslam v President: Health Professions Council Of South Africa and Others

Aslam v President: Health Professions Council Of South Africa and Others [2023] ZAGPPHC 227; 34380/2021 (3 April 2023)

Court

North Gauteng High Court, Pretoria

Case number

34380/2021

Judge

D Van Den Bogert

The court found that the delay of over thirteen years in prosecuting the disciplinary proceedings against the applicant was inexcusable and resulted from institutional incompetence within the Health Professions Council and its disciplinary structures. The loss of material evidence, including medical records and the death of a key witness, rendered it impossible to conduct a fair trial. The respondents' insistence on proceeding despite these circumstances demonstrated a lack of procedural fairness and rationality, infringing the applicant's constitutional rights under sections 33 and 35. The c…

Source excerpt

• Unreasonable Delay
• Disciplinary Proceedings
• Procedural Fairness
• Permanent Stay Of Prosecution
• Health Professions Act
• Judicial Review

Nongogi v Professional Board for Medical and Dental Professions and Others (15535/2022)

Nongogi v Professional Board for Medical and Dental Professions and Others (15535/2022) [2022] ZAWCHC 230 (8 November 2022)

Court

Western Cape High Court, Cape Town

Case number

15535/2022

Judge

Baartman

The High Court granted interim relief suspending a doctor’s suspension pending an internal appeal and reconsideration of sentence, but declined declaratory relief.

• Health Professions Act
• Suspension Of Medical Practitioner
• Interim Relief
• Constitutional Challenge
• Promotion Of Administrative Justice Act
• Medical-practitioner-suspension

Haeck v Health Professions Council of South Africa (2021/11449)

Haeck v Health Professions Council of South Africa (2021/11449) [2022] ZAGPJHC 690 (13 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2021/11449

Judge

Crutchfield

The High Court set aside the HPCSA’s findings after holding that its preliminary process was procedurally unfair and that the applicant had not been heard on key allegations.

• Audi Alteram Partem
• Procedural Fairness
• Internal Remedies
• Health Professions Act
• Review Of Administrative Action
• Procedural-fairness