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UKZN loses legal action over report into sale of medical school places

The University of KwaZulu-Natal was ordered by Durban High Court to release to a corruption crusader its secret report into the alleged sale of medical school places, writes MedicalBrief.  Judge Mahendra Chetty ordered UKZN to pay costs.

Chetty said questioned why the UKZN investigations had dragged on for four years and why the university wanted to keep its findings secret. “One would have assumed that in the interests of rooting out corruption … the university would have no hesitation in exposing those involved in the corruption, if for no other reason than to ensure the integrity of the institution and to assure candidates who apply to study at the medical school that their applications are considered on merit alone.”

TimesLIVE reports that businessman Visham Panday turned to the KZN High Court (Durban) after the university refused to give him information about its internal investigation (Operation Clever). According to the businessman, “in April 2018 he became aware of corruption at the university where placements at the Nelson R Mandela School of Medicine were being offered in exchange for bribes”.

Panday, who runs the VP Justice Foundation aimed at exposing corruption, launched his own investigation. He linked up with a UKZN forensic audit specialist, Avril Sahadew, who had led the investigation since 2016.

According to the university, irregularities unearthed by Sahadew’s probe were referred to the Hawks. “The investigations have dragged on for almost four years without any persons involved being criminally prosecuted or convicted,” Judge Mahendra Chetty said in a judgment. “These investigations are still ongoing, and for reasons not quite apparent, are considered ‘sensitive and confidential’. One would have assumed that in the interests of rooting out corruption, which appears to permeate almost every facet of our society, the university would have no hesitation in exposing those involved in the corruption, if for no other reason than to ensure the integrity of the institution and to assure candidates who apply to study at the medical school that their applications are considered on merit alone.”

In court papers, the university said it had suspended 21 employees, and there had been resignations, disciplinary inquiries and dismissals as a result of the probe.

The university did not deny that Sahadew had been provided with a safe house and bodyguards because she was being threatened. But it argued that by providing the details to Panday, it would be compromising and prejudicing Sahadew’s safety.

It said, according to TimesLIVE, it would have to divulge the identities of people implicated in the investigation “as well as any involvement of possible syndicates” if it provided a copy of the report. “In respect of both the costs of the safe house and the bodyguard protection services, I see no reason why the university cannot provide details of the costs incurred and the duration of the services rendered,” said Chetty.

“To the extent that ‘documentary proof’ has been sought by the applicant, if this would entail a disclosure of the location of the safe house or the identity of the bodyguards, these details could be redacted. While the university’s grounds for refusing to disclose all of the information sought have some merit, it has not explained why it cannot redact the sensitive information. While the university objects to disclosing the name of the entity providing the security services, I can see no reason why this should be refused. For the same reasons, I cannot find any lawful basis for refusing to disclose the costs of Operation Clever to date. … I think that such disclosure would promote the interests of transparency and accountability…”

Chetty ordered the university to provide the information to Panday within 30 days. The university was also ordered to pay costs.

 

[link url="https://www.timeslive.co.za/news/south-africa/2021-01-09-judge-orders-ukzn-to-release-details-of-probe-into-alleged-medical-school-corruption/#:~:text=The%20University%20of%20KwaZulu%2DNatal,corruption%20in%20its%20medical%20school.&text=Durban%20businessman%20Visham%20Panday%20has,Natal%20(UKZN)%20medical%20school."]Full TimesLIVE report[/link]

 

[link url="https://www.medicalbrief.co.za/archives/ukzn-challenged-to-release-med-school-investigation-information/"]UKZN challenged to release medical school investigation information[/link]

 

From MedicalBrief's Archives:

 

[link url="https://www.medicalbrief.co.za/archives/ukzn-gets-court-order-silence-corrupt-investigation-claims/"]UKZN gets court order to silence corrupt investigation claims[/link]

 

[link url="https://www.medicalbrief.co.za/?s=ukzn%20corruption"]Full index of articles on UKZN's 'Operation Clever' medical-school-places-for-sale investigation[/link]

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