S v H and Others (2267/2015)
S v H and Others (2267/2015) [2016] ZAGPPHC 379 (15 April 2016)
The court held that the applicant was subject to a statutory duty to exhaust the internal remedy of appeal to the ad hoc appeal committee under the Health Professions Act before seeking judicial review of the committee's refusal to recuse its members. The statutory scheme provides for two levels of appeal: first to the appeal committee, and then to the High Court. The applicant had not pursued the internal appeal and failed to demonstrate exceptional circumstances justifying exemption from this duty. The potential harm resulting from the immediate effect of penalties pending appeal was a cons…
Source excerpt
- Recusal Of Administrative Decision Makers
- Exhaustion Of Internal Remedies
- Premature Review
- Health Professions Act
- Procedural Fairness