Resolution Health (Pty) Ltd and Another v Council for Medical Schemes and Others (37155/09)
Resolution Health (Pty) Ltd and Another v Council for Medical Schemes and Others (37155/09) [2009] ZAGPPHC 106 (1 September 2009)
The applicants were not entitled to interim relief because they had acted unlawfully by providing administration services without proper accreditation, in contravention of the Medical Schemes Act and its regulations. The court found that the applicants' conduct amounted to a criminal offence and that the regulatory authority cannot be estopped from enforcing statutory requirements. The principles supporting interim relief in administrative matters do not apply where the applicant is not lawfully entitled to the rights claimed and has not made out a strong prima facie case. The application was…
Source excerpt
- Medical Schemes Accreditation
- Interim Relief
- Statutory Compliance
- Administrative Appeal