In response to media reports regarding concerns raised by medical practitioners, the National Prosecuting Authority stated the following:
If it appears that a medical practitioner may have acted in a manner that resulted in the negligent loss of life, the NPA is duty-bound to take action with the aim of deciding whether or not, criminal proceedings should be instituted against such a medical practitioner.
Subsequent to a criminal charge of medical negligence laid by the father of the deceased boy Zayyan Sayed in October 2019, the NPA, guided by Section 179 (2) of the Constitution of South Africa which empowers the NPA to institute criminal proceedings on behalf of the State and to carry out any necessary functions incidental to instituting criminal proceedings, enrolled a case of culpable homicide against two medical practitioners, namely, Doctor Peter Beale and Doctor Abdulhay Munshi. This after assessing the case docket and establishing that there were reasonable prospects of a successful prosecution (a prima facie case).
The decision to prosecute Dr Beale and Dr Munshi meant that there was no need to refer the matter for an inquest hearing. Section 59(1) and 59(2) of the Inquest Act 58 of 1959 provides that an inquest shall be conducted in instances where criminal proceedings are not instituted and where a death has occurred and that such death was a result of unnatural causes. In this instance, the latter is not applicable.
Furthermore, the NPA reiterates that the rights to equality before the law applies to every citizen within the borders of South Africa. It is therefore our view that, if medical practitioners, in the execution of their duties act within the confines of the law, then they do not have to fear criminal prosecution.
Lastly, as per standard procedure, the prosecution will await to be furnished with a copy of the death certificate for Dr Munshi so that charges against him can be formally withdrawn in court. The case against Dr Beale continues and will be back in court on 16 November 2020.
Details: National Prosecuting Authority
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