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Genesis Medical Scheme v Chairperson of the Appeal Board of the Council for Medical Schemes and Others (15418/2013) [2014] ZAWCHC 173 (21 November 2014)

Genesis Medical Scheme v Chairperson of the Appeal Board of the Council for Medical Schemes and Others (15418/2013) [2014] ZAWCHC 173 (21 November 2014)
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1st December 2014

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  • Genesis Medical Scheme v Chairperson of the Appeal Board of the Council for Medical Schemes and Others (15418/2013) [2014] ZAWCHC 173 (21 November 2014)
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Introduction

[1] This appeal concerns whether the applicant was entitled to rely on the provisions of s 48 of the Medical Schemes Act 131 of 1998 (‘the Act’) when it lodged three separate appeals against decisions of the third respondent which were taken in terms of s 47 (2) of the Act in favour of the fourth, fifth and sixth respondents.

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[2] The application concerns one crisp point. It is common cause, that if this court finds in favour of the applicant, the decision of the Appeal Board of the Council for Medical Schemes (‘the Appeal Board’) decision was materially influenced by an error of law. It would then follow that the applicant would be entitled to have the merits of the appeals determined by the Appeal Committee of the Council for Medical Schemes (‘the Appeal Committee’) in terms of s 48 of the Act.

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