South Africa Case Law

Steyn v Registrar of Medical Schemes (23378/2018)

Steyn v Registrar of Medical Schemes (23378/2018) [2021] ZAWCHC 5; 2021 (3) SA 551 (WCC) (25 January 2021)

Court

Western Cape High Court, Cape Town

Case number

23378/2018

Judge

Lekhukeni AJ

The court found that the Appeal Board failed to afford the applicant procedural fairness by not allowing her to present evidence regarding the hip arthroscopy, which was raised late and not properly ventilated. The Board's reliance on the Momentum application form and findings of arthritis were unsupported by evidence and prejudicial. The applicant was not obliged to disclose the hip arthroscopy, as it occurred outside the relevant period and resulted in no diagnosis. Profmed's representative advised that only conditions within 12 months needed disclosure, creating estoppel. Regarding gastrit…

Source excerpt

• Promotion Of Administrative Justice Act
• Audi Alteram Partem
• Material Non Disclosure
• Medical Scheme Membership
• Judicial Review
• Substitution Of Administrative Decision

Khumalo and Others v Medikredit Integrated Healthcare Solutions (Pty) Ltd and Others (J1716/19)

Khumalo and Others v Medikredit Integrated Healthcare Solutions (Pty) Ltd and Others (J1716/19) [2019] ZALCJHB 230 (29 August 2019)

Court

Labour Court Johannesburg

Case number

J1716/19

Judge

R G Lagrange

The Labour Court granted an urgent interdict preserving employees’ CAMAF membership pending arbitration of an unfair labour practice dispute.

• Unfair Labour Practice
• Medical Scheme Membership
• Contractual Rights Of Employees
• Interdict
• Urgent Application
• Urgent-application