MEC for Health, Eastern Cape and Another v Kirland Investments (Pty) Ltd t/a Eye & Lazer Institute

Kirland Investments applied for approval to establish private hospitals and operating theatres in the Eastern Cape. The Superintendent-General of Health initially decided to refuse the applications based on advisory committee recommendations, but before communicating this refusal he went on sick leave. During his absence, the MEC for Health improperly intervened and instructed the Acting Superintendent-General to approve Kirland’s applications due to political pressure. The Acting Superintendent-General complied, despite knowing of the prior refusal. After resuming duty, the Superintendent-General withdrew the purported approval and again refused the applications. Kirland challenged the withdrawal and the MEC’s dismissal of its internal appeal, and sought reinstatement of the approval.

Leave to appeal was granted, but the appeal was dismissed with costs, including the costs of two counsel.

The case affirms and develops the Oudekraal principle, confirming that invalid administrative acts are not nullities and remain effective until set aside by a court. It underscores the rule of law, procedural discipline in administrative justice, and the obligation on organs of state to challenge unlawful decisions through proper review proceedings rather than self-help.