Question NW4050 to the Minister of Health
14 December 2023 - NW4050
Clarke, Ms M to ask the Minister of Health
Whether, he has undertaken any consequence management measures against certain persons (details furnished); if not, what is the position in this regard; if so, (a) what are the relevant details and (b) when will the consequence management measures be implemented?
Reply:
a) The correspondence from NEHAWU refers to a forensic investigation that was instituted by the Health Professions Council of South Africa (HPCSA) to investigate the allegations levelled against the President of the HPCSA, Prof. M.S. Nemutandani.
It is important to appreciate the following:
- HESA appointed Prof Nemutandani to the Medical and Dental Professions Board (MDB) as per the Regulations relating to the Constitution of the MDB.
- As a Member of the MDB, Prof Nemutandani was one of those designated in terms of section 5(1)(a) of the Health Professions Act, 56 of 1974 (“the Act”), to be a member of the HPCSA Council.
- Prof. Nemutandani was thereafter elected as President of the Council by the members of the Council per section 7(1) of the Act, and that is how Prof Nemutandani became the President of the HPCSA.
You would appreciate that the President of the Council is appointed by the Minister after being recommended by members of the Council. You would consequently appreciate why the forensic investigation report makes findings and recommendations for consideration by the HPCSA and not the Minister. It is the Council that should consider the report and make recommendations to the Minister on any action against the President of the HPCSA.
b) According to the Registrar of the HPCSA, the matter is currently serving before the Professional Conduct Committee of the Medical and Dental Professions Board. The Committee is tasked with adjudicating whether the acts that Prof Nemutandani is accused of constitute unprofessional conduct as defined in the Health Professions Act 56 of 1974. This matter was first set down for 22 September 2023 but subsequently postponed to 15 November 2023 to allow the respondent to secure a legal presentation as he needed to brief counsel. The matter could not proceed on 15 November 2023 on account of a request for further postponement by the respondent as he had a bereavement in his family. The postponement was granted by the Committee to February 27,28, and 29, 2024. The Minister will be provided with a report upon the conclusion of the disciplinary hearing.
Notwithstanding the abovementioned disciplinary process, which is ongoing, the Department is also taking legal advice in terms of any further steps with respect to the individuals mentioned and the findings of the investigation report because of the nature of the matter and the level of Prof. Nemutandani at the HPCSA.
END.