HPCSA appeals recusal of panel members in 'Dr Death' inquiry
|Published
Dr Wouter Basson. File Image: IOL Dr Wouter Basson. File Image: IOL
The Health Professions Council of South Africa (HPCSA) is appealing against a judgment for the recusal of two members from the professional conduct inquiry proceedings against Dr Wouter Basson.
Basson is known as “Dr Death” for the role he played as head of a secret chemical and biological warfare
project during the apartheid era.
On March 27, Judge Sulet Potterill delivered a judgment in relation to the professional conduct inquiry into the conduct of Basson.
In December 2013, Basson was found guilty of unprofessional conduct relating to his involvement in the chemical and biological warfare programme of the previous government.
His sentencing proceedings began on January 19, 2015. The proceedings were interrupted by an application for the recusal of two members.
The Potterill judgment reviewed and set aside the refusal by the two to recuse themselves from the professional conduct inquiry proceedings.
Basis for the application for recusal was that one of the members was also a member of the South African Medical Association (Sama) and the Rural Doctors Association of South Africa (Rudasa), both of which had petitioned the Professional Conduct Committee to have Basson’s name removed from the roll of registered practitioners arising from the guilty finding.
If Potterill’s judgment was to be applied, it would impact extensively on the ability of practitioners who are members of various professional associations to make themselves available as members of committees of preliminary inquiry, alternatively professional conduct committees, the HPCSA said.
“The implications of the judgment are therefore serious for the HPCSA, especially on its ability to discharge one of 15 core legislative mandates of holding professionals accountable to ethical standards. In the light of the serious implications, the HPCSA has instructed its attorney, Tebogo Malatji of Malatji Kanyane Incorporated, to file an application for leave to appeal to ensure the functioning of the HPCSA is not hampered by the unintended consequences.”
The council said it was also advised that the judgment should be appealed on its merits, as there was no evidence that one of the members in question, as a member of Sama and Rudasa,
supported the petition, and most importantly, that the other inquiry member did not belong to either
association, and therefore both should not have been recused.
“The HPCSA urges registered professionals to continue to make themselves available to be members of preliminary committees of inquiry as well as professional conduct committees pending the outcome of the appeal.”