Minister of Health and Another v Solidarity Trade Union and Others (61844/2021) [2022] ZAGPPHC 907 (15 November 2022)

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 >> 2022 >> [2022] ZAGPPHC 907 | Noteup | LawCite sino index ## Minister of Health and Another v Solidarity Trade Union and Others (61844/2021) [2022] ZAGPPHC 907 (15 November 2022) Minister of Health and Another v Solidarity Trade Union and Others (61844/2021) [2022] ZAGPPHC 907 (15 November 2022) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPPHC/Data/2022_907.html sino date 15 November 2022 IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA CASE NUMBER : 61844/2021 REPORTABLE: NO OF INTEREST TO OTHER JUDGES NO REVISED 15/11/2022 In the matter between: # THE MINISTER OF HEALTH                                                  1st Applicant THE MINISTER OF HEALTH                                                  1st Applicant # THE DIRECTOR-GENERAL NATIONAL THE DIRECTOR-GENERAL NATIONAL # DEPARTMENT OF HEALTH                                                   2nd Applicant DEPARTMENT OF HEALTH                                                   2nd Applicant # and and # SOLIDARITY TRADE UNION                                                 1st Respondent SOLIDARITY TRADE UNION                                                 1st Respondent # THE LIONS OF SOUTH AFRICAN THE LIONS OF SOUTH AFRICAN # INDEPENDENT PRACTITIONERS ASSOCIATION               2nd Respondent INDEPENDENT PRACTITIONERS ASSOCIATION               2nd Respondent # THE SOUTH AFRICAN PRIVATE                                           3rd Respondent THE SOUTH AFRICAN PRIVATE                                           3rd Respondent # PRACTITIONER FORUM PRACTITIONER FORUM BARBARA PRETORIUS                                                         4th Respondent CHRISTA ROLEEN                                                                 5th Respondent BREAAN SPIES                                                                      6th Respondent ANJA HEYNZ                                                                          7th Respondent In re: SOLIDARITY TRADE UNION AND SIX OTHERS                   Applicants and MINISTER OF HEALTH AND TWO OTHERS                         Respondents Delivered: This judgment was handed down electronically by circulation to the parties' legal representatives by e-mail. The date for hand-down is deemed to be on 15 NOVEMBER 2022. JUDGMENT # VAN HEERDEN AJ VAN HEERDEN AJ [1]   When this matter commenced, this Court had the following prima facie concern, namely: 1.       Can this Court hear an application for rescission where the subject judgment of such rescission i.e. the Bokakoa-Judgment, is currently pending finalisation by virtue of the confirmation thereof in terms of section 167(5) of the Constitution, at the Constitutional Court. [2] It was only during argument that this Court was made aware of the fact that the Constitutional Court, on 26 October 2022 issued the following Directions: “ 1      The parties are directed to file written submissions of no more than 20 pages addressing the following issues: (a) whether it is competent for the High Court to rescind its order of constitutional invalidity, where such an order has no force or effect in terms of section 172(2)(a) of the Constitution. (b) whether it is in the interest of justice to grant the stay application where the respondents can raise, in answering affidavit in the confirmation proceedings in this court, (the Constitutional Court) the points they would have raised in the High Court. 2.       Written submissions must be filed by (a)   the applicants, on/or before Wednesday, 2 November 2022; and (b)   the respondents, on/or before Wednesday, 9 November 2022. 3        Further directions may be issued. " [3] This Court is of the view that it may not entertain the rescission application pending finalisation of either: 1. The current processes in terms of the Constitutional Court's Directions; and/or 2.       The process as contemplated in section 167(5) of the Constitution # COST COST [4]        This Court was only made aware of the Constitutional Court's Directives during argument on the day of the hearing. [5] It would have assisted this Court greatly had it been made aware of the Constitutional Court's Directives earlier for purposes of which this Court could also have engaged the Constitutional Court in obtaining specific Directives in dealing with the current application, under these somewhat novel circumstances. [6] Therefore, the respondents should not be out of pocket and can certainly not be blamed for the rescission application not proceeding. The applicants should as a result pay the cost. [7]        Accordingly the following order is made: 1. The matter is postponed sine die pending: 1 .1   finalisation of the processes pertaining to the Constitutional Court's Directives; and 1 .2   the process as contemplated in section 167(5) of the Constitution. 2. The applicants are ordered to pay the cost. D.J VAN HEERDEN ACTING JUDGE OF THE HIGH COURT GAUTENG DIVISION, PRETORIA # APPEARANCES APPEARANCES For the applicants:                          Adv ZZ Matebese SC With him Adv NS Mteto Instructed by:                                  N Qongqo of the State Attorney, Pretoria For the respondents:                      Adv M Davel Instructed by:                                  SVS Attorneys Date of hearing:                              15 November 2022 Date of judgment:                           15 November 2022 sino noindex make_database footer start