Basson v Hugo and Others

Dr Wouter Basson, a medical practitioner, faced a disciplinary inquiry by the Health Professions Council of South Africa (HPCSA) for alleged unprofessional conduct arising from his involvement in chemical and biological warfare research in the 1980s. During the sanction phase, petitions calling for his removal from the medical register were presented, supported by professional bodies. Basson sought disclosure of whether members of the disciplinary committee belonged to those organisations and later applied for the recusal of two committee members on grounds of actual or reasonably apprehended bias. The committee refused the recusal application. Basson approached the High Court to review that refusal without first appealing internally. The High Court dismissed the review for failure to exhaust internal remedies under s 7(2) of PAJA. Basson appealed to the Supreme Court of Appeal.

The appeal was upheld; the order of the High Court was set aside; the HPCSA was ordered to pay costs in both courts, including costs of two counsel; and the matter was remitted to the Gauteng Division of the High Court, Pretoria, to decide the review application on its merits.

The case clarifies the application of s 7(2) of PAJA in the context of allegations of bias. It confirms that where bias is alleged and established on reasonable grounds, internal remedies that are narrow appeals confined to the record may be inadequate and ineffective. The judgment reinforces the constitutional imperative of impartial tribunals and affirms that proceedings tainted by bias are a nullity, justifying immediate judicial intervention.