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Arwyp Medical Centre (Pty) Ltd v The Minister of Health Services and Others (A936/2014) [2015] ZAGPPHC 653

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Arwyp Medical Centre (Pty) Ltd v The Minister of Health Services and Others (A936/2014) [2015] ZAGPPHC 653

17th September 2015

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1. This is an appeal against the order granted by Phatudi J in this Court on 16 April 2014.

2. During the argument we heard and debated certain points in limine which were raised on behalf of the Sixth Respondent, which I will deal with hereunder after I briefly set out the background to the proceedings.

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3. The Applicant launched a review application in which it sought the setting aside of the decision by the relevant Respondents granting the Sixth Respondent's application to erect a private hospital or unattached operating theatre unit known as Leboneng Hospital. The Applicant also sought an extension of the 180 days period referred to in s. 9 (1) (b) of the Promotion of Administrative Justice Act 3 of 2000. In the Founding Affidavit, the Applicant referred to certain time periods relating to either incomplete documentation available to it, and/ or the availability of Counsel to draft the actual review application. It therefore requested the necessary extension referred to in the mentioned section in the Act. During argument before us however Mr T. Strydom SC submitted that an actual condonation was not necessary inasmuch as the Applicant had brought the proceedings within time. In the light of my findings on the two other issues raised and debated, it is not necessary to deal with this issue any further.

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