In May 2025, the High Court confirmed its jurisdiction to hear an appeal against a decision of the Health Professions Council of South Africa (HPCSA) Preliminary Committee of Inquiry which was made before Regulation 4A of the Health Professions Act came into effect on 23 June 2023.

Regulation 4A allows a complainant who is aggrieved by the decision of the Preliminary Committee to submit an appeal against the decision to the HPCSA Appeals Committee.

In this case, the complainant alleged that his doctor applied incorrect methods and procedures when he treated him, which aggravated his illness. The Preliminary Committee decided in favour of the doctor, which was communicated to the complainant on 22 March 2023, approximately 3 months before Regulation 4A came into effect.  

As Regulation 4A does not apply retrospectively, the HPCSA advised the complainant that he may approach the High Court to appeal the decision in terms of Section 20 of the Act.

The doctor disputed the complainant’s right to appeal to the High Court on the basis that Section 20 does not provide for an appeal against a decision of the Preliminary Committee.

The High Court confirmed that Regulation 4A does not apply retrospectively. Section 20 did however provide for an appeal against a decision of the Preliminary Committee because the Committee serves under the HPCSA. As a result, any decision of the Preliminary Committee is a decision of the HPCSA.

It follows from this judgment, that a decision made by the Appeals Committee would be subject to an appeal to the High Court in terms of Section 20 because the Appeals Committee serves under the HPCSA.

W J Dercksen v Health Profession Council of South Africa & Another (A13/2024) [2 May 2025]