Holden v Assmang Limited

The appellant, a counselling psychologist registered with the HPCSA, was reported by the respondent, Assmang Limited, to the HPCSA in June 2008 for alleged gross breaches of professional ethics relating to diagnoses of manganism. After considering her response, the HPCSA’s Committee of Preliminary Inquiry resolved on 13 November 2009 not to take any action against her. On 6 August 2012, the appellant instituted an action for damages against the respondent based on malicious proceedings. The respondent raised a special plea that the claim had prescribed. The High Court dismissed the special plea, but on appeal the full court upheld it, prompting the appeal to the Supreme Court of Appeal.

The appeal was upheld with costs. The order of the full court was set aside and replaced with an order dismissing the respondent’s appeal against the High Court judgment, with costs.

The case clarifies when prescription begins to run in claims based on malicious proceedings, confirming that termination of the underlying proceedings in the claimant’s favour is a necessary prerequisite. It also affirms that disciplinary proceedings before statutory bodies such as the HPCSA can ground claims for malicious proceedings and are comparable to criminal prosecutions for this purpose.