Attorney has an extensive experience on matters relating to or dealing with the provision of and access to healthcare in general and matters of administrative law, the latter including, but is not limited to Constitutional matters and their regulatory environment.
1.1.2 Having worked for Council for Medical Schemes, our lead attorney has extensive experience in public law, regulatory, governance and compliance matters. Services include advice in relation to accredited brokers and managed care organisations and medical schemes’ administrators’ compliance with various legislation and regulations, particularly with provisions of the Medical Schemes Act and its regulations.
1.1.3 Some of the matters our lead attorney was involved in, include the following:-
1.1.3.1 Bonitas Medical Fund vs The Council for Medical Schemes and Another (814/2015) [2016] ZASCA 154: Obtaining a reportable Judgment by the Supreme Court of Appeal that a decision of the Registrar of Medical Schemes (“the Registrar”) to order an inspection into the affairs of a medical scheme and its associated institutions in terms of Section 44 (4) of the Medical Schemes Act 131 of 1998 is not a decision that is appealable. The court papers were based on the Opinion our lead attorney prepared for the Registrar of Medical Schemes at the time which led to an a court application for a declaratory order was launched by the Council for Medical Schemes on the correct interpretation of Section 49 of the Medical Schemes Act.
1.1.3.2 Community Medical Aid Scheme vs The Registrar of Medical Schemes: Successfully opposed an Appeal lodged by Community Medical Aid Scheme (“Commed”) in terms of Section 49 of the Medical Schemes Act of 1998 before the Appeals Committee. The Appeal was brought against the decision of the Registrar of Medical Schemes to order a routine inspection in terms of Section 44 (4) (b) of the Medical Schemes Act. Our lead attorney prepared Heads of Argument and represented the Registrar of Medical Schemes at the hearing of the Appeal (without Counsel).
1.1.3.3 Spectramed Medical Scheme vs Registrar of Medical Schemes, (Gauteng Division, Pretoria). Successfully opposing a court application launched by Spectramed Medical Scheme (“Spectramed”) seeking an order, inter alia, declaring that the Registrar of Medical Scheme (“Registrar”) is obliged to consider an application for an amalgamation of the business of Spectramed and Resolution Health Medical Scheme. The Application sought an order to interdict an inspection ordered by the Registrar in terms of Section 44 of the Medical Schemes Act 131 of 1998.
1.1.3.4 Bestmed Medical Scheme & 9 Others v The Council for Medical Schemes & the Registrar of Medical Schemes. Successfully opposing an Urgent Court Application launched by the former Trustees of Bestmed Medical Scheme to have their removal as members of the Board of Trustees in terms of Section 46 of the Medical Schemes Act suspended and/or interdicted. Court held that ARCwas correct in finding that the former trustees were not fit and proper persons to continue to hold the office of trustees.
1.1.3.5 Amabungane v Council of Medical Schemes: Our lead attorney advised the Council for Medical Schemes on the application of the Protection of Access to Information Act of 2000 and request for reasons under the Promotion of Administrative Justice Act following a request for access to a report relating to the former Registrar and Chief Executive Officer of the Council for Medical Schemes, with reference to the PAIA Manual of the Council for Medical Schemes.