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[2011] ZASCA 126
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Emergency Care Training Association v Health Professions Council of South Africa and Others (664/10) [2011] ZASCA 126 (9 September 2011)
THE SUPREME COURT OF APPEAL OF
SOUTH AFRICA
JUDGMENT
Case No: 664/10
In the matter between:
EMERGENCY
CARE TRAINING ASSOCIATION
…....................................
Appellant
and
HEALTH
PROFESSIONS COUNCIL OF
SOUTH
AFRICA
…...........................................................................
First
Respondent
PROFESSIONAL
BOARD FOR EMERGENCY CARE
PRACTITIONERS
…...................................................................
Second
Respondent
CHAIRPERSON:
PROFESSIONAL BOARD FOR
EMERGENCY
CARE PRACTITIONERS
…....................................
Third
Respondent
Neutral citation:
Emergency Care Training
Association v Health Professions
Council of South Africa
(664/10)
[2011] ZASCA 126
(9 September 2011).
Coram:
CLOETE, SNYDERS, SHONGWE, SERITI and
WALLIS JJA
Heard:
9 SEPTEMBER 2011
Delivered:
9 SEPTEMBER 2011
Summary:
_____________________________________________________________
ORDER
______________________________________________________________
On appeal from:
North Gauteng High Court
(Pretoria) (Kollapen J sitting as
court of first instance):
The appeal is dismissed. The appellant is ordered to pay
the respondents' costs including the costs of two counsel.
______________________________________________________________
JUDGMENT
______________________________________________________________
CLOETE JA (SNYDERS, SHONGWE, SERITI and WALLIS JJA
concurring):
[1] No decision was required by the court a quo as the
undertakings given by some of the respondents in the answering
affidavit
rendered the relief sought unnecessary.
[2] A decision on the issues sought to be raised on
appeal would have no practical effect or result.
[3] I would therefore exercise the discretion this court
has in terms of s 21A of the Supreme Court Act, 59 of 1959, in
favour
of dismissing the appeal.
[4] The appeal is dismissed. The appellant is ordered to
pay the respondents' costs including the costs of two counsel.
_______________
T D CLOETE
JUDGE OF APPEAL
APPEARANCES:
APPELLANTS: D S Fourie SC
Instructed by Hurter Spies Inc, Pretoria
Rossouw Attorneys, Bloemfontein
RESPONDENTS: M Chaskalson SC (with him Ms N J Jele)
Instructed by Gildenhuys Lessing Malatji Inc, Pretoria
Honey Attorneys, Bloemfontein