The report was due to be released on Sunday, only to be blocked by Gems and BHF’s urgent application at the 11th hour.
Ngcukaitobi, advocate Adila Hassim, and Kerry Williams were appointed by the Council for Medical Schemes back in 2019 to probe allegations by the National Health Care Professional Association (NHCPA) of unfair treatment by medical schemes.
Gems filed the application urgently stating that the report was halted because it was going to seriously harm its reputation.
The High Court in Pretoria found that the application had no urgency. She questioned why the medical scheme did not query the report before.
In its application, Gems said it was informed of the report’s findings which said some procedures being followed by the scheme were unfair and that black providers were unfairly discriminated against on the grounds of race.
The independent panel also found that medical aid schemes and administrators were withholding payments to black and Indian doctors on the perception of fraudulent claims.
The judgment in Pretoria has now given the panel the go-ahead to release its findings.