J Swanepoel asks specifically where in the Scheme ruses it states it won’t include provisions for PMBs to which Adv Kromhout responds that he would need to check. #DeWetVsMedihelp Break for brief adjournment.

Medihelp argues the Scheme rules must be considered, but J Swanepoel is asking why its relevant if the MSA overrides the scheme rules. #DeWetVsMedihelp

Medihelp argues that there is no contempt application and demonstrates why J Millar’s order is no longer valid. #DeWetVsMedihelp

Adv R Moultrie now addresses the court on behalf of De Wet / RDSA #DeWetVsMedihelp

This is a matter of law. The reasons we are here for re-consideration are because Zachary is receiving donated doses of Elaprase WHICH HE ONLY RECEIVED when Medihelp stopped complying with the Millar’s order.

The affidavit confirming that Zach does not ordinarily qualify for compassionate stock, and has only been granted this approval as an exception. #DeWetVsMedihelp

Medihelp first argued that Millar’s order only was in effect until will we “filed a complaint,” and then subsequently changed to “excludes part B” of the process.

Judge Munzelele gave an order affirming J Millar’s order, and Medihelp then chose to appeal that decision, and that became the basis to not comply with J Millar’s order. #DeWetVsMedihelp

The fact of their non compliance of J Millar’s order is the reason for Zachary getting access to compassionate stock. #DeWetVsMedihelp

Irreparable harm and van der Leuwen’s principle is addressed as well as the initial urgency. #DeWetVsMedihelp

#Polmed ruling did not deal at all with issue raised by Medihelp in the current matter. J Millar confirmed that it was not relevant to this matter. Yet, Medihelp argues that this is RDSA / DE WET ”creating an impression“ at this court.

It Is because PMBs are a matter of public policy states that whatever Scheme Rules say, must exclude PMBs Provisions are mandatory. #DeWetVsMedihelp

If we find ourselves in a situation where a Medical Aid is no longer mandated to fund PMBs based on Solvency, we will find ourselves in troubled waters #DeWetVsMedihelp

The CMS Code of Conduct is NOT law, Nor is it a regulation. Medihelps reliance on the Code of Conduct and its development by “major stakeholders” is irrelevant. #DeWetVsMedihelp

RDSA requested an undertaking from Medihelp asking them to cover the other PMB costs, outside of Elaprase, going forward whilst this matter continues, which was then declined by Medihelp. #DeWetVsMedihelp

The fact that you disagree with a ruling or decision, doesn’t mean you have the ability to not comply with it. #DeWetVsMedihelp

The legal principle is quite clear: you can not request a reconsideration of an order that is currently not being complied with. #DeWetVsMedihelp

RDSA / De Wet arguments close. #DeWetVsMedihelp

Adv Kromhout is citing the instances where RDSA / De Wet have “creating an impression” with order J Millar, and reiterates it is Medihelps understanding. No quote confirming our use of word ‘Funding’ is given,merely only us using ‘accessible,’ ‘treated with’ etc #DeWetVsMedihelp

Adv Kromhout now dealing with the payments - J Swanepoel directly asked Medihelp to show what has actually been paid for. #DeWetVsMedihelp