Where an administrative body is needed to provide a copy of the record on the basis of which the administrator made or didn’t decide, it is of no issue that the files looked for are large and the asked for list is comprehensive. If the files are appropriately determined as files pertinent to the decision-making procedure of the administrative body, they need to be produced.
Compliance with the requirements for an administrative body to provide files under High Court Guideline 53 is not simply a procedural procedure. It is a substantive requirement which serves to guarantee that the compound of the choice is appropriately put to the fore at an early phase. The courts treat with annoyance any effort to irritate this procedure. Every scrap of paper that can clarify the decision-making procedure matters and requires to be produced. The Council for Medical Schemes was bought to supply the files asked for within 10 days.
The obstacle associates with choices of the CMS relating to low expense advantage alternatives for medical plans. The Council at first offered files sourced from its site which were currently available to everybody.