Member of the Executive Committee: Health - Limpopo Provincial Government v Health Professions Council of South Africa and Another (Leave to Appeal) (B2150/2023) [2023] ZAGPPHC 589 (20 July 2023)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: North Gauteng High Court, Pretoria South Africa: North Gauteng High Court, Pretoria You are here: SAFLII >> Databases >> South Africa: North Gauteng High Court, Pretoria >> 2023 >> [2023] ZAGPPHC 589 | Noteup | LawCite sino index ## Member of the Executive Committee: Health - Limpopo Provincial Government v Health Professions Council of South Africa and Another (Leave to Appeal) (B2150/2023) [2023] ZAGPPHC 589 (20 July 2023) Member of the Executive Committee: Health - Limpopo Provincial Government v Health Professions Council of South Africa and Another (Leave to Appeal) (B2150/2023) [2023] ZAGPPHC 589 (20 July 2023) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPPHC/Data/2023_589.html sino date 20 July 2023 IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA) Case No. B2150/2023 (1)  REPORTABLE: YES/ NO (2)  OF INTEREST TO OTHER JUDGES: YES/ NO (3)  REVISED DATE: 20 July 2023 SIGNATURE:. In the matter between: MEMBER OF THE EXECUTIVE COMMITTEE: HEALTH - LIMPOPO PROVINCIAL GOVERNMENT                    APPLICANT And HEALTH PROFESSIONS COUNCIL OF SOUTH AFRICA                                                                           FIRST RESPONDENT DR T PINKOANE N.O                                                                  SECOND RESPONDENT Coram:                     Millar J Heard on:                 20 July 2023 Delivered: 20 July 2023 - This judgment was handed down electronically by circulation to the parties' representatives by email, by being uploaded to the CaseLines system of the GD and by release to SAFLII. The date and time for hand-down is deemed to be 10H30 on 20 July 2023. Summary: Application for leave to appeal – No prospect another court would come to a different conclusion or compelling reason for the granting of leave -  application dismissed with costs ORDER It is Ordered: [1]       The application for leave to appeal is dismissed with costs. JUDGMENT MILLAR J [1] This is an application for leave to appeal the dismissal of an application to interdict the first respondent from holding an enquiry into the conduct of the present MEC for Health in the Limpopo Province – Dr. P Ramathuba. The judgment was handed down on handed down on 2 June 2023. [2] The test for the granting of leave to appeal in the present matter is set out in section 17(1) of the Superior   Courts Act [1] : “ Leave to appeal may only be given where the judge or judges concerned are of the opinion that – (a) (i)      the appeal would have a reasonable prospect of success; or (ii)     there is some other compelling reason why the appeal should be heard, including conflicting judgments on the matter under consideration.” [3]          I have considered the grounds upon which this application for leave to appeal has been brought and the arguments advanced by the parties. I have also considered the reasons for dismissing the application on 2 June 2023 and am of the view that there is neither a reasonable prospect that another court would come to a different conclusion nor any other compelling reason or arguable point of law which merits the granting of leave to appeal. [4]          In the circumstances, I make the following order: [4.1]  The application for leave to appeal is dismissed with costs. A MILLAR JUDGE OF THE HIGH COURT GAUTENG DIVISION, PRETORIA HEARD ON: 20 JULY  2023 JUDGMENT DELIVERED ON: 20 JULY 2023 COUNSEL FOR THE APPLICANT: ADV. M RAMAILA SC ADV. D MADIBA INSTRUCTED BY: THE STATE ATTORNEY, PRETORIA REFERENCE: 689/23/RA COUNSEL FOR THE RESPONDENTS: ADV. J RAUTENBACH SC INSTRUCTED BY: NKOPODI MPHAHLELE INCORPORATED REFERENCE: MPHAHELE/MUTHAMBI/00031 [1] Act 10 of 2013 sino noindex make_database footer start