South African Dental Association NPC v Minister of Health and Others

The South African Dental Association (SADA), representing a majority of dentists, challenged a series of regulations promulgated by the Minister of Health under the Health Professions Act 56 of 1974. The regulations recognised dental assistants as a regulated health profession, prescribed qualifications and registration requirements, established their professional board representation, and defined their scope of practice. SADA contended that the Minister lacked statutory authority to establish a new profession and related regulatory framework, that consultation was inadequate, and that the regulations were irrational and would cause a shortage of dental assistants and expose dentists and assistants to criminal liability. The respondents, including the Minister, the Health Professions Council of South Africa (HPCSA), and the Dental Assistants Association of South Africa (DAASA), argued that the regulations followed lengthy consultation, were authorised by the Act, and were necessary for public health and safety. Most of the challenged regulations had been promulgated years earlier, and dental assistants had in fact been registered since about 2006.

The appeal was dismissed with costs, including the costs of two counsel for each respondent.

The case clarifies the Minister of Health’s powers under the Health Professions Act to recognise and regulate new health professions, affirms a purposive and transformative interpretation of health legislation, and underscores the strict application of PAJA time limits in challenges to administrative action. It also highlights the court’s willingness to award costs in constitutional matters where litigation conduct warrants it.