Health Professions Council of South Africa v Emergency Medical Supplies and Training CC t/a EMS

The Professional Board for Emergency Care Practitioners, established under the Health Professions Act 56 of 1974, withdrew the accreditation of Emergency Medical Supplies and Training CC (EMS), a private training college for emergency care practitioners, without furnishing reasons. EMS appealed to the Western Cape High Court in terms of s 20 of the Act. Procedural disputes arose regarding the nature of the appeal (whether it was a wide appeal or a narrow appeal confined to the record before the Board), the timeliness and prosecution of the appeal, and the proper constitution of the record. The High Court held that the s 20 appeal was a wide appeal and made several interlocutory procedural rulings. Leave to appeal to the Supreme Court of Appeal (SCA) was granted only on the question whether a s 20 appeal is a wide appeal. Before hearing the merits, the SCA raised the issue whether this interlocutory finding was appealable.

The appeal was struck from the roll. The appellants were ordered to pay the respondent’s costs of the hearing incurred from 30 April 2010, including the costs of two counsel.

The case is significant for South African appellate procedure as it reinforces a flexible, pragmatic approach to appealability. It confirms that even orders that are final in effect on a discrete issue may not be appealable where the balance of convenience disfavors piecemeal appeals. The judgment underscores the principle that appellate courts should generally avoid fragmentary appeals and prefer that all issues be resolved in a single hearing where possible.