Picture: Dr Mike Ramothwala/X
The Health Professions Council of South Africa (HPCSA) has begun its misconduct inquiry into Limpopo Premier Dr Phophi Ramathuba over comments she made in 2022.
The inquiry follows a complaint by Kopanang Africa Against Xenophobia and Lawyers for Human Rights, supported by several other organisations including the Treatment Action Campaign, Section27 and the Helen Suzman Foundation.
The inquiry follows a 2022 video of Ramathuba addressing an undocumented Zimbabwean patient at Bela Bela Hospital, where she explained where a patient’s country of origin should pay for a procedure received.
In the video, Ramathuba told the patient they are burdening the South African health system.
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Ramathuba said in part: “You speak Shona. Then how do you find yourself in Bela Bela when you are supposed to be with Mnangagwa [President of Zimbabwe]? You know he doesn’t give money to me to operate you guys and I am operating on you with my limited budget.
“Now I am here instead of using the budget for what it is meant for I am operating for what Mnangagwa is supposed to do. That is why when my people of Limpopo want health services, they can’t get it and that is angering the community. Because you are coming here…
“I was here in George Masebe. We are busy operating with Mozambican nationals everywhere and you are not even registered anyway, you are not counted.
“You are even illegal and you are abusing me. This is unfair. It’s unfair. I can’t go to Zimbabwe and get health treatment.
“It is only in South Africa where people just come in and people have problems with Minister Motsoaledi. You know why he is like this. It is because he was working in health and he knows the pain. People are calling him Xenophobic to say he is anti-Zimbabwean. He is not anti-anybody.”
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Ramathuba also lamented the slow progress in one of the province’s initiatives, in which she recruited health specialists to clear the surgical backlog in hospitals.
She said she was shocked to find the backlog of the surgical procedures had not improved because of “the abuse of this project by illegal foreign nationals”.
The HPCSA’s inquiry into Ramathuba began on Monday after her legal bid to halt the proceedings was unsuccessful.
Ramathuba had approached the court to challenge preliminary findings of the HPCSA committee in February 2023 that “There is evidence of unprofessional conduct on Dr Ramathuba in terms of Regulation 4(9) of regulations relating to the conduct of inquiries into alleged unprofessional conduct under the Health Professions Act.”
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She argued in Gauteng High Court, Pretoria, that her comments were made in her role as MEC, not as a doctor, and that the HPCSA had no jurisdiction over her in this case.
She also argued that the finding of the preliminary committee of inquiry infringed her Constitutional rights, including her right to equality, freedom of expression, political right to participate in political activities of the political party of her choice, the right to fair administrative action and the right of access to the court.
The court dismissed Ramathuba’s application with costs, saying she had maintained her registration as a doctor in terms of the Health Professions Act.
“It is not in issue that the applicant has at all material times been registered as a health professional and remains so.
“The HPCSA is the custos morum of the medical profession and also ‘the guardian of the public interest insofar as members of the public are affected by the conduct of members of the profession’,” said Judge Anthony Millar at the time.
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