The High Court in Pretoria has dismissed an application by Cape Town cardiologist Dr Wouter Basson – ‘Dr Death’ – that would grant him a permanent stay of proceedings before the Health Professions Council of South Africa (HPCSA).
The failed bid means Basson (75), previously head of a secretive chemical and biological warfare programme during the apartheid era, will now have to further face disciplinary proceedings.
He was found guilty in 2013 of unprofessional conduct after a disciplinary hearing into complaints related to his actions in the early 1980s, when, as a member of the SANDF, he led a chemical and biological warfare initiative, known as Project Coast.
His sentencing proceedings began in January 2015, but were then paused for various reaons, including legal proceedings for the recusal of committee members.
It was argued on behalf of Basson that he is being prejudiced by the long delay, that the alleged unprofessional conduct did not involve any patients or a doctor-patient relationship, but centred on alleged conduct in his capacity as a soldier and not as a medical practitioner.
Basson said he would clearly suffer severe prejudice as a result of the years’ long delay, but the court concluded that the Council, and not the court, must decide on his fate.
The court said apart from insufficient evidence that Basson would be prejudiced if the hearing were not permanently stayed, it was reluctant to interfere with proceedings before other forums, unless clear prejudice can be proved, which was not the case here.
Delays
Although the case was scheduled to be heard in 2024, it was delayed again as Basson sought a permanent stay of proceedings. One of his primary arguments related to the significant delays in the proceedings.
He said the complaints leading to the HPCSA disciplinary hearing were lodged around 2000, with the first inquiry only starting in 2007. He emphasised that the complaints pertained to his conduct during the 1980s.
He argued that the incidents occurred 40 to 45 years ago, and that he was acquitted 25 years ago of any criminal conduct related to Project Coast, which forms the basis for the HPCSA charges – and that he merely acted on orders as a soldier at the time.
But in opposing his application for a stay, the HPCSA highlighted the lengthy legal battle regarding the recusal of the panel, which was legally resolved only in 2020, adding it was not unreasonable to now continue with the disciplinary proceedings.
It argued that Basson wants to permanently intervene in a pending professional conduct inquiry, which it described as impermissible and untenable in law.
The courts have repeatedly shown reluctance to intervene in pending disciplinary hearings or professional conduct inquiries. Courts only intervene in a pending hearing where it is just and equitable to do so, and where an applicant will suffer a grave injustice if the court does not intervene.
This was not such a case, the HPCSA said, to which the court agreed.
See more from MedicalBrief archives:
Concourt rejects HPCSA appeal over Wouter Basson
HPCSA to appeal over 'serious implications' of Basson recusal judgment