ConCourt gives clarity of Medical Schemes Registrars power
Publish date: 09 April 2008
Issue Number: 2045
Diary: Legalbrief Today
Category: General
A long-running row between Council for Medical Schemes Registrar Patrick Masobe and Genesis medical scheme has finally come to an end, after the Constitutional Court denied Masobe the right to appeal against a High Court ruling compelling him to register the schemes rules for its benefit packages.
The decision has important implications, notes a Business Day report, as it provides clarity on the scope of the Registrars powers. It upholds the High Courts finding that the Medical Schemes Act does not give the Registrar the authority to challenge decisions taken by his own councils appeal committee, as to do so would mean he was defying the very body of which he was a functionary. Masobe had argued that the Act gave the Registrar administrative powers independent of the council. Yesterday Masobe said he accepted the Constitutional Courts decision and had registered Genesiss rules. Genesis lawyer Cassian Coquelle, a partner at Webber Wentzel, said the Constitutional Courts decision provided much needed clarity on the powers of the Registrar. Full Business Day report
