The judgment upholds the council's right to continue with its probe into Pienaar's conduct, which could lead to his removal from office.
But the investigation has been suspended again, as Pienaar's lawyers are planning to appeal.
The council emphasised on Wednesday (30 January) that the Liberty Medical Scheme was in sound financial health. It had about 150,000 members at the end of 2011 and a solvency ratio of 27%.
The council was investigating allegations that Pienaar had been involved in an attempt to blackmail the former chief executive of Liberty Health, Peter Botha into setting up a marketing company in which he and the former chairman of the scheme, Larry Jacques, would have shares.
According to this week's judgment, Botha laid a complaint with the council claiming that he was approached by a third party acting on behalf of Pienaar and Jacques to set up a company.
The council's investigation sought to determine whether Pienaar had acted in an appropriate manner when these allegations were discussed by the scheme's board, Jaco Lubbe of the council's investigations and compliance unit said.
Pienaar said on Wednesday (30 January) that Liberty Health had withdrawn the complaint by Botha, yet to his surprise the council was continuing its investigation. He had taken the council to court because there were "gross procedural irregularities and misrepresentations" in the way it had conducted its investigation.
He said he had no faith it its capacity to conduct a fair hearing.
Source: Business Day via I-Net Bridge
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