South African Veterinary Council and Another v Szymanski

The South African Veterinary Council conducted a special examination in 1998 for South African citizens or permanent residents with foreign veterinary qualifications to qualify for registration. Dr Greg Szymanski, a Polish-trained veterinarian who had become a South African citizen, sat the examination and obtained a combined mark of 45.25% for the written and oral components. The Council regarded 50% as the overall pass mark and refused to register him. Dr Szymanski challenged this decision in the Pretoria High Court, alleging that he had a legitimate expectation—based on Council correspondence and alleged oral assurances—that a minimum of 40% in each component was sufficient to pass. The High Court set aside the Council’s decision and ordered his registration. The Council appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The order of the Pretoria High Court was set aside and replaced with an order dismissing the application with costs.

The case is a leading South African authority on the doctrine of legitimate expectation, clarifying its minimum requirements and emphasising that subjective belief or administrative confusion is insufficient. It also reaffirms the principles governing disputes of fact in motion proceedings and limits judicial overreach into the functions of statutory professional councils.