The president of the Health Professions Council of SA (HPCSA) is digging in his heels and questioning the council’s authority to haul him before a disciplinary inquiry for alleged financial irregularities.
The inquiry was scheduled for 29 April but only started on 30 April because one of the committee members was unavailable. News24 reports that when it resumes this month, Professor Simon Nemutandani is expected to challenge the HPCSA’s jurisdiction to discipline him.
In February, he was criticised for refusing to co-operate with the investigation conducted between 1 November 2020 and 30 September 2021.
This followed allegations of financial impropriety levelled against him by the National Education, Health and Allied Workers’ Union (Nehawu) in a letter sent to Health Minister Joe Phaahla and the SA Medical Association (SAMA). SAMA referred the allegations to the HPCSA for further investigation.
The investigation, completed on 18 February 2022, found that Nemutandani did not declare sources of income during his tenure as a HPCSA board member while he was employed by the Gauteng Health Department.
He received R910 550 for attending board and sub-committee meetings, despite clear directives from the Minister of Health and the National Treasury that he was not entitled to the fees as he was a state employee.
The investigation established that on 29 August 2016, Nemutandani was seconded by the department to head Wits University’s Oral Heath School. The five-year fixed term contract started on 1 September 2016. On 11 December 2020, he was appointed by former Health Minister Dr Zweli Mkhize to serve on the HPCSA board.
A clause in his appointment letter stated that state employees were not entitled to any additional remuneration.
The 2022 forensic report found that Nemutandani “failed to consider the important and prohibitive clauses contained in his appointment letters … This may have provided an opportunity for the HPCSA to remunerate (him) in accordance with the directives of the Minister and (the Treasury)”.
It also noted that he was supposed to have filed his declaration on additional income by 30 June 2021. “We could not determine this, due to his non-co-operative position.”
The investigators noted that he refused to co-operate with investigators, arguing that the HPCSA had no mandate to investigate him as president of the council.
“This can be interpreted as intentionally sabotaging the investigation, given how crucial his evidence was. We found this to be irregular and tantamount to misconduct,” the report stated.
The report recommended that the HPCSA consider disciplinary action against Nemutandani, who had objected to the matter proceeding until there was a ruling on whether the HPCSA had jurisdiction.
A source said: “What is strange is that Nemutandani has been charged and taken through the disciplinary proceedings but has not been suspended. Last night (Friday) he presided over the executive committee meeting.”
Nehawu’s deputy chairperson at the HPCSA, Ntsane Mathibeli, said: “The report was swept under the carpet. We decided to lodge a complaint against him in his capacity as a dentist, based on the findings of the forensic investigation. It is not an HPCSA-initiated process because it is the findings of the investigation.”
National Health Department spokesperson Foster Mohale did not reply to questions, while HPCSA spokesperson Priscilla Sekhonyana refused a request for the charge sheet and the legal opinion, as well as transcripts of the proceedings. Nemutandani did not respond to repeated requests for comment.
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