South African Nursing Council v Khanyisa Nursing School (Pty) Ltd and Another

Khanyisa Nursing School, a long-established accredited nursing education institution, applied to the South African Nursing Council (SANC) for accreditation to offer a diploma for general nurses and a higher certificate for auxiliary nurses. Although SANC eventually granted full accreditation in March 2022, it imposed a stipulation that the programmes could only commence at the beginning of the 2023 academic year. Khanyisa objected, arguing that this prevented it from enrolling students in 2022, caused financial prejudice, and was inconsistent with the regulatory framework and past practice. After SANC refused to amend the condition, claiming it was functus officio, Khanyisa successfully challenged the stipulation in the Gauteng Division of the High Court. SANC appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel. The High Court order permitting Khanyisa to commence the programmes in 2022 and setting aside the contested stipulation was sustained.

The case is significant for South African law on statutory and regulatory interpretation, particularly in administrative and vocational training contexts. It clarifies that rigid dictionary meanings must yield to purposive, functional interpretations, especially where public interest considerations such as healthcare capacity and education are implicated. The judgment also limits the ability of regulatory bodies to impose conditions not required by their empowering regulations.