Lawyers for Human Rights welcomes its latest victory, this time on behalf of dental assistants who have won the recognition of their profession after the Supreme Court of Appeal dismissed the application of the South African Dentist Association.

The South African Dental Association (SADA) turned to the SCA to challenge a high court order recognising the profession and detailing the scope of the profession in terms of the Health Professions Act.

A strong underlying issue in the case is the fact that dental assistants are by far women. These women find themselves in a vulnerable position and this case creates a more just and fair working environment for them.
The group of dentists sought to overturn various regulations promulgated during the last five years that recognise and regulate a profession of dental assistants by the Health Professions Council of South Africa.

SADA’s main complaint was that the Minister of Health did not have the authority to make such regulations, failed to take SADA’s written submissions into account and that the minister’s actions in promulgating the regulations were “irrational”.

The SCA explained that the manner in which SADA had conducted the matter was open to criticism.  For example, although claiming to represent the interests of dental assistants, SADA initially failed to join DAASA, the largest dental assistants’ organisation, and then when DAASA sought leave to intervene, SADA opposed that application.

The SCA strongly questioned SADA’s motive in bringing the application. It questioned whether it was really for the Minister to rectify procedural mistakes he might have made or whether it was rather that the dentists did not want the Minister to regulate the dental assistant profession at all.

“We are delighted that the dental assistants will now be afforded the opportunity to be formally recognised and have representation on the professional structures” said LHR’s Louise du Plessis.

Issued by The Lawyers for Human Rights