HomeNews UpdateCourt overturns HPCSA ruling on Israel social media post

Court overturns HPCSA ruling on Israel social media post

A ruling by the Health Professions Council of SA of unprofessional conduct against former UN Special Rapporteur on the Right to Health Dr Tlaleng Mofokeng – over social media posts linked to Israel and Gaza – has been set aside by the Gauteng High Court, reports News24.

Mofokeng, now the EFF’s Johannesburg mayoral candidate, had been found guilty and fined R1 000 after her posts in 2025, one aimed at Israeli Prime Minister Benjamin Netanyahu and another at UN Watch executive director Hillel Neuer.

She was accused of “bringing the profession into disrepute” through what was described as abusive, racially charged, and profane language, including: “F*** you, Netanyahu.”

When Neuer criticised her behaviour, she posted: “You white man…evil scum. Voetsek.”

She then approached the High Court to have the decision overturned.

Yesterday her lawyer confirmed that the finding had been overturned; that there are no grounds for any further action on the complaint – lodged by the South African Zionist Federation (SAZF) – and that the complaint was dismissed.

Reacting to the court order, the SAZF claimed that, before the HPCSA decided whether to defend its ruling in the review application, it sought an opinion from the Department of International Relations & Co-operation (Dirco) on whether Mofokeng enjoyed any diplomatic immunity as a Special Rapporteur.

Dirco DG Zane Dangor had responded that Special Rapporteurs are immune from legal processes for works spoken or written while performing their duties. News24 has contacted Dangor to verify this.

However, the SAZF maintains the HPCSA was not bound by the letter, as it had its own Act and its own inquiry with a finding “reached on the merits”.

“It walked away from that finding anyway, and its preliminary committee was excused from giving reasons. Not one word of explanation has been offered to the public, to the profession, or to the man she verbally abused,” the SAZF said in a statement.

“Immunity exists so that UN work cannot be obstructed. It is not a licence to speak to people in a way your own professional body has already condemned …and then answer to nobody. Any other South African doctor who said that would have answered for it.”

 

News24 article – Court sets aside HPCSA ruling on Joburg EFF mayoral candidate’s Netanyahu post (Restricted access)

 

See more from MedicalBrief archives:

 

Doctor defends social media posts after HPCSA fine

 

Backlash after HPCSA fines UN health envoy

 

Support grows for UN health envoy as inquiry deadline looms

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