South Africa Case Law

Board of Healthcare Funders NPC v Council for Medical Schemes and Others (Leave to Appeal) (012058/2022)

Board of Healthcare Funders NPC v Council for Medical Schemes and Others (Leave to Appeal) (012058/2022) [2025] ZAGPPHC 609 (24 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

012058/2022

Judge

Ledwaba

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal, as required by section 17(1) of the Superior Courts Act. The applicant did not establish a sound, rational basis for the appeal, nor did it raise compelling reasons such as important constitutional questions or public interest issues that would justify granting leave. The court held that the matter was moot in light of the report received by the third respondent and the applicant's failure to appeal the time-bar finding. The Plascon-Evans principle applied, favouring the respondents' version in…

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• Leave To Appeal
• Locus Standi
• Right Of Access To Healthcare
• Costs Award
• Points In Limine

Van Der Westhuizen and Others v Life Healthcare Holdings Group (Pty) Ltd and Others (18544/2023)

Van Der Westhuizen and Others v Life Healthcare Holdings Group (Pty) Ltd and Others (18544/2023) [2025] ZAWCHC 166 (15 April 2025)

Court

Western Cape High Court, Cape Town

Case number

18544/2023

Judge

Wille

The High Court reviewed and set aside a private hospital’s termination of a doctor’s practising privileges, holding the decision was irrational, disproportionate, and constitutionally invalid.

• Promotion Of Administrative Justice Act
• Right Of Access To Healthcare
• Standing
• Hospital Management Policy
• Proportionality And Rationality
• Review Of Administrative Action

Krejcir (B4170/2013), Ex parte

Krejcir (B4170/2013), Ex parte [2023] ZAGPPHC 705 (13 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

B4170/2023

Judge

De Vos

The High Court dismissed an urgent ex parte application because the applicant gave no factual basis for dispensing with notice to the prison authorities.

• Right Of Access To Healthcare
• Urgent Ex Parte Relief
• Audi Alteram Partem
• Prisoners Rights
• Urgent-applications
• Ex-parte-procedure

Member of the Executive Council for Health, Gauteng Provincial Government v PN (CCT 124/20)

Member of the Executive Council for Health, Gauteng Provincial Government v PN (CCT 124/20) [2021] ZACC 6; 2021 (6) BCLR 584 (CC) (1 April 2021)

Court

Constitutional Court

Case number

CCT 124/20

Judges

Mogoeng, Jafta, Khampepe, Madlanga, Majiedt, Mathopo, Mhlantla, Theron, Tshiqi, Victor

The Constitutional Court held that the High Court order granted by Moshidi J, which separated liability and quantum and stated that the applicant shall pay 100% of the respondent's agreed or proven damages, did not preclude the High Court from considering the development of the common law regarding the manner of compensation. The Court found that the order dealt only with liability and not with the method of compensation, and that a contextual and purposive interpretation must be preferred, especially where constitutional values are implicated. The Supreme Court of Appeal's interpretation, wh…

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• Development Of Common Law
• Res Judicata
• Medical Negligence
• Right Of Access To Healthcare
• Interpretation Of Court Orders
• Once And For All Rule