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THE SUPREME COURT OF APPEAL OF SOUTH AFRICA

JUDGMENT

Case No: 664/10

In the matter between:

EMERGENCY CARE TRAINING ASSOCIATION …....................................Appellant

and

HEALTH PROFESSIONS COUNCIL OF

SOUTH AFRICA …...........................................................................First Respondent

PROFESSIONAL BOARD FOR EMERGENCY CARE

PRACTITIONERS …...................................................................Second Respondent

CHAIRPERSON: PROFESSIONAL BOARD FOR

EMERGENCY CARE PRACTITIONERS …....................................Third Respondent

Neutral citation: Emergency Care Training Association v Health Professions

Council of South Africa (664/10) [2011] ZASCA 126 (9 September 2011).

Coram: CLOETE, SNYDERS, SHONGWE, SERITI and WALLIS JJA

Heard: 9 SEPTEMBER 2011

Delivered: 9 SEPTEMBER 2011

Summary:

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ORDER

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On appeal from: North Gauteng High Court (Pretoria) (Kollapen J sitting as

court of first instance):

The appeal is dismissed. The appellant is ordered to pay the respondents' costs including the costs of two counsel.

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JUDGMENT

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CLOETE JA (SNYDERS, SHONGWE, SERITI and WALLIS JJA concurring):

[1] No decision was required by the court a quo as the undertakings given by some of the respondents in the answering affidavit rendered the relief sought unnecessary.

[2] A decision on the issues sought to be raised on appeal would have no practical effect or result.

[3] I would therefore exercise the discretion this court has in terms of s 21A of the Supreme Court Act, 59 of 1959, in favour of dismissing the appeal.

[4] The appeal is dismissed. The appellant is ordered to pay the respondents' costs including the costs of two counsel.

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T D CLOETE

JUDGE OF APPEAL

APPEARANCES:

APPELLANTS: D S Fourie SC

Instructed by Hurter Spies Inc, Pretoria

Rossouw Attorneys, Bloemfontein

RESPONDENTS: M Chaskalson SC (with him Ms N J Jele)

Instructed by Gildenhuys Lessing Malatji Inc, Pretoria

Honey Attorneys, Bloemfontein

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