SCA dismisses Optivest Health Services appeal

The Supreme Court of Appeal (SCA) dismissed an appeal by Optivest Health Services with costs including those of two-counsel against an order of the Gauteng Division of the High Court, Pretoria. Optivest had submitted to the Supreme Court of Appeal that the Council could only investigate or inspect the affairs of medical schemes, (or other persons related thereto), but not that of brokers despite them having been accredited by it under the Medical Schemes Act. Majority ruling of the bench ruled that “the conduct of the Council and the Registrar was lawful and in accordance with the rule of law, was not procedurally unfair, or arbitrary, was rationally connected to the purpose sought to be achieved by the Act and did not offend against the principle of legality.”

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