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Lombard v Health Professions Council of South Africa and Others - Order (A187/2023) [2024] ZAFSHC 146 (20 May 2024)

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IN THE HIGH COURT OF SOUTH AFRICA

FREE STATE DIVISION, BLOEMFONTEIN

 

Case No: A187/2023

 

Before the Honourable Justices JP DAFFUE et I VAN RHYN

 

On the 20th day of MAY 2024

 

In the matter between:


 


JAKOBUS JOHANNES LOMBARD

Applicant

 


and


 


HEALTH PROFESSIONS COUNCIL OF SOUTH AFRICA

1st Respondent

 


THE REGISTRAR OF THE HEALTH PROFESSIONS


COUNCIL OF SOUTH AFRICA

2nd Respondent

 


ROAD ACCIDENT FUND

3rd Respondent

 

Having considered the documents filed of record and having heard the legal practitioner for the applicant,

 

IT IS ORDERED THAT:

 

1.                 The decision of the appeal tribunal of the first respondent of 8 March 2023, namely that the injuries sustained by Jakobus Johannes Lombard is classified as 'non-serious in terms of the narrative test' is reviewed and set aside.

 

2.                 The dispute lodged by the applicant as set out in the RAF 5 is referred back to first and second respondent for reconsideration by a newly constituted appeal tribunal in accordance with the provisions as set out in Regulation 3 of the Road Accident Fund Regulations, 2008.

 

3.                 The respondents shall pay the costs of suit.

 

4.                 This judgment and order shall be serve forthwith by the applicant’s per electronic mail on all three respondents.

 

BY ORDER OF THIS COURT

COURT REGISTRAR

2024-05-20