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The applicant, the South African Nursing Council [SANC] is seeking the review and setting aside of the decision of the second respondent, the Chairperson of the Appeal Committee’s [the Appeal Committee] decision dated 31 August 2018. It is seeking the review in terms of s6(1) read with s8(1) of the Promotion of Administrative Justice Act 3 of 2000 [PAJA]. In essence the Appeal Committee upheld an appeal by first respondent, The Hospital Association of South Africa [HASA] overturning the 2017 decision of SANC not to allow foreign nurses to write the requisite SANC examinations in their country of origin. The Appeal Committee further directed that SANC must enter into a new Memorandum of Agreement [MOU] with HASA’s members regarding the conduct of the SANC entrance examinations in foreign countries within a period of three months from the date of the decision of the Appeal Committee.
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