South Africa Case Law

Heidema v Professional Conduct Committee for Optometry and Dispensing Opticians of the Health Professions Council of South Africa and Others (87745/2019)

Heidema v Professional Conduct Committee for Optometry and Dispensing Opticians of the Health Professions Council of South Africa and Others (87745/2019) [2022] ZAGPPHC 985 (15 December 2022)

Court

North Gauteng High Court, Pretoria

Case number

87745/2019

Judge

N Davis

The court found that the Committee's refusal to stay the disciplinary inquiry was neither arbitrary, irrational, nor unreasonable. The delay, while substantial, was explained by systemic backlogs and logistical challenges within the HPCSA, and the applicant contributed to the delay by failing to respond and insisting on particulars not required at the preliminary stage. The applicant suffered no significant prejudice, as he had access to all relevant documents and witness statements, and the destruction of records was not justified given his knowledge of the ongoing complaint. The Committee p…

Source excerpt

• Judicial Review
• Undue Delay
• Disciplinary Inquiry
• Promotion Of Administrative Justice Act
• Professional Regulation

South African Legal Practice Council v Prinsloo (61165/2018)

South African Legal Practice Council v Prinsloo (61165/2018) [2019] ZAGPPHC 265 (28 June 2019)

Court

North Gauteng High Court, Pretoria

Case number

61165/2018

Judges

T A N Makhubele, H F Jacobs

The High Court granted interim relief against an attorney, barring him from practising for his own account and appointing a curator bonis pending final determination.

• Attorney Misconduct
• Fidelity Fund Certificate
• Curatorship
• Statutory Compliance
• Professional Regulation
• Attorney-discipline

Munir v Chairperson of the Medical and Dental Professions Board and Others (1918/2018)

Munir v Chairperson of the Medical and Dental Professions Board and Others (1918/2018) [2019] ZAECPEHC 18 (2 April 2019)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1918/2018

Judge

Beyleveld

The High Court set aside a medical-regulatory decision placing Dr Munir under supervised practice, finding the process procedurally unfair and extending PAJA time limits.

• Promotion Of Administrative Justice Act
• Fair Administrative Action
• Condonation For Late Filing
• Audi Alteram Partem
• Judicial Review
• Professional Regulation

Air Innovations (Pty) Ltd v Pillay (22901/2008)

Air Innovations (Pty) Ltd v Pillay (22901/2008) [2017] ZAGPJHC 444 (28 August 2017)

Court

South Gauteng High Court, Johannesburg

Case number

22901/2008

Judge

WHG van der Linde

The High Court found the defendant misrepresented himself as a registered auditor, but the plaintiff’s restitution claim failed for late election. Both claims were dismissed.

• Misrepresentation
• Auditing Profession Act
• Unlawful Contract
• Restitution
• Counterclaim
• Professional Regulation

Law Society of the Northern Provinces v Smith and Another In re: Law Society of the Northern Provinces v Smith and Others; Smith and Others v Law Society of the Northern Provinces and Another (35899/2007)

Law Society of the Northern Provinces v Smith and Another In re: Law Society of the Northern Provinces v Smith and Others; Smith and Others v Law Society of the Northern Provinces and Another (35899/2007) [2017] ZAGPPHC 59 (24 February 2017)

Court

North Gauteng High Court, Pretoria

Case number

35899/2007

Judge

Prinsloo

Section 18 relief was granted in part to let a Law Society inspection proceed pending appeal, but the broader execution order was refused because it could moot the appeal.

• Section 18 Superior Courts Act
• Suspension Of Orders Pending Appeal
• Irreparable Harm
• Exceptional Circumstances
• Attorneys Act Section 78
• Professional Regulation