Judge Neil Tuchten last week ruled in the North Gauteng High Court in Pretoria the registrar’s November 2014 decision to order an inspection into the affairs of Bonitas was not appealable internally under section 49 of the Medical Schemes Act.
The ruling followed an application by the Council for Medical Schemes (CMS) for a declaratory order after Bonitas lodged an appeal against the registrar’s decision to order an inspection.
Bonitas principal executive officer Bobby Ramasia yesterday confirmed the medical scheme had lodged an appeal against the ruling.
He emphasised the ruling clarified the longstanding uncertainty around the interpretation of section 49 of the Medical Schemes Act.
However, he noted that in his ruling, Judge Tuchten stated there was a “notional” possibility that the inspection decision might be illegal and conceded Bonitas’ case was “arguable.”
“On that basis, Bonitas has lodged an appeal, which suspends the inspection until the case is heard,” said Ramasia.
He said Bonitas had never been against the inspection per se.