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[2024] ZAFSHC 146
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Lombard v Health Professions Council of South Africa and Others - Order (A187/2023) [2024] ZAFSHC 146 (20 May 2024)
IN
THE HIGH COURT OF SOUTH AFRICA
FREE
STATE DIVISION, BLOEMFONTEIN
Case
No:
A187/2023
Before
the Honourable Justices
JP DAFFUE
et
I VAN RHYN
On
the
20
th
day of
MAY 2024
In
the matter between:
JAKOBUS
JOHANNES LOMBARD
Applicant
and
HEALTH
PROFESSIONS COUNCIL OF SOUTH AFRICA
1
st
Respondent
THE
REGISTRAR OF THE HEALTH PROFESSIONS
COUNCIL
OF SOUTH AFRICA
2
nd
Respondent
ROAD
ACCIDENT FUND
3
rd
Respondent
Having
considered the documents filed of record and having heard the legal
practitioner for the applicant,
IT
IS ORDERED THAT:
1.
The
decision of the appeal tribunal of the first respondent of 8 March
2023
,
namely
that the injuries sustained by Jakobus Johannes Lombard is classified
as 'non-serious in terms of the narrative test' is
reviewed and set
aside.
2.
The
dispute lodged by the applicant as set out in the RAF 5 is referred
back to first and second respondent for reconsideration
by a newly
constituted appeal tribunal in accordance with the provisions as set
out in Regulation 3 of the Road Accident Fund Regulations
,
2008.
3.
The
respondents shall pay the costs of suit.
4.
This
judgment and order shall be serve
forthwith
by the applicant’s per electronic mail on all three
respondents.
BY
ORDER OF THIS COURT
COURT
REGISTRAR
2024-05-20