A psychologist who entered into an “exploitative relationship” with clients, a doctor who encouraged patients to invest in a failing company, and failure to resuscitate a patient with severe gastrointestinal bleeding. MedicalBrief’s roundup of recent findings by the disciplinary committees of the Health Professions Council of SA.
November 2021-December 2022
Dr D Reddy (OP 0024600/23958874)
Optometrist
Complaint
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about December 2020, in respect of your patients, you acted in a manner that is not in accordance with the norms and standards of your profession in that you fraudulently misrepresented your qualifications as an ophthalmologist.
Penalty
The respondent was charged with one count of unprofessional conduct, found guilty and fined R50,000.00, imposed R20,000.00, suspended for three years on condition he is not found guilty of a similar offence during that period: R30,000.00 was payable on or before 31 January 2022.
Dr IP Tikiso (MP 0528498/3952654)
Medical Practitioner
Complaint
THAT you are guilty of unprofessional conduct or conduct which, when regard to your profession, is unprofessional in that during the period mentioned, you and/or your practice rendered statements of account to a medical aid for professional services where you claimed for original medication while you knew and/or ought to have known that you dispensed generic medication.
Penalty
The respondent was charged with one count of unprofessional conduct for fraud and found guilty. He was fined R70,000.00; imposed R25,000.00 to be paid within 30 days of the judgement, the remaining to be paid on or before 8 February 2022.
Dr DS Grieve (MP 0466352/1316192)
Medical Practitioner
Complaint
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that between 2004 and 2009, you acted in a manner
not in accordance with the norms and standards of your profession or that brought the good name of your profession into disrepute in that you: 1. Persuaded several of your patients and/or former patients to invest in a company in which you were a director, knowing or ought to have known, that it was in financial distress; and/or 2. Transferred funds invested in your company into your private bank account, and/or 3. Conducted yourself in a manner that caused financial prejudice to your patients and/or other persons in that they were made to deposit large sums of money into accounts of companies that were subsequently liquidated.
Penalty
The respondent was sentenced to three years’ suspension from practice, and is prohibited from practicing as a medical practitioner during the period of suspension.
Dr KN Nyembe (MP 0702277/23241330)
Medical Practitioner
Complaints
Count 1
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that between May 2019 and June 2019, or part thereof, in respect of your deceased patient, you acted in a manner that is not in accordance with the norms and standards of your profession in that you mismanaged the patient who had severe GIT bleeding.
Count 2
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during the between May 2019 and June 2019, or part thereof, in respect of your deceased patient, you acted in a manner that is not in accordance with the norms and standards of your profession in that you failed and/or neglected to resuscitate a patient who has severe GIT bleeding.
Count 3
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that between May 2019 and June 2019, or part thereof, in respect of your deceased patient, you acted in a manner that is not in accordance with the norms and standards of your profession in that, you failed and/or neglected to manage the patient with GIT bleeding surgically.
Penalty
The Professional Conduct Committee found the respondent guilty of unprofessional conduct and imposed a three-year suspension from practice, wholly suspended for five years on condition the practitioner is not found guilty of a similar transgression during the period of suspension. He was also fined R20,000, payable from end December 2021 in instalments of R5,000, the last instalment to be paid by no later than 31 March 2022.
Dr GM Kahota (MP 0625825/23238894)
Medical Practitioner
Complaint
Count 1
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during the period between 31 May 2019 and 2 June 2019, or part thereof, in respect of Maurice Maseko (deceased), you acted in a manner not in accordance with the norms and standards of your profession in that, you mismanaged the patient who had severe GIT bleeding.
Count 2
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during the period between 31 May 2019 and 2 June 2019, or part thereof, in respect of Maurice Maseko (deceased), you acted in a manner that is not in accordance with the norms and standards of your profession in that, you failed and/or neglected to resuscitate a patient who has severe GIT bleeding.
Count 3
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during the period between 31 May 2019 and 02 June 2019, or part thereof, in respect of Maurice Maseko (deceased, you acted in a manner that is not in accordance with the norms and standards of your profession in that, you failed and/or neglected to manage the patient with GIT bleeding surgically.
Penalty
The Professional Conduct Committee found the respondent guilty of unprofessional conduct and issued a three-year suspension from practice, wholly suspended for five years on condition that the practitioner is not found guilty of a similar transgression during that time. He was also fined R20,000, payable from end December 2021 in instalments of R5,000, the last instalment to be paid by not later than 31 March 2022.
Dr ZL Nkosibomvu (MP 0626902/23238874)
Medical Practitioner
Complaint
Count 1
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during the period between May 2019 and June 2019, or part thereof, in respect of your deceased patient, you acted in a manner that is not in accordance with the norms and standards of your profession in that you mismanaged the patient who had severe gastrointestinal (GIT) bleeding.
Count 2
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during the period between May 2019 and June 2019, or part thereof, in respect of your deceased patient, you acted in a manner that is not in accordance with the norms and standards of your profession in that, you failed and/or neglected to resuscitate a patient who had severe GIT bleeding;
Count 3
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during the period between May 2019 and June 2019, or part thereof, in respect of your deceased patient, you acted in a manner that is not in accordance with the norms and standards of your profession in that, you failed and/or neglected to manage the patient with GIT bleeding surgically.
Penalty
The Professional Conduct Committee found Dr Nkosibomvu guilty of unprofessional conduct and imposed a three-year suspension from practice, wholly suspended for five years on condition he is not found guilty of a similar transgression during that period. He was also fined R20,000, payable from end December 2021 in instalments of R5,000, the last instalment to be paid by not later than 31 March 2022.
S Fourie (PS 0117226/23947154)
Psychologist
Complaint
Count 1
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that from September 2018 to November 2018, or part/s thereof, in respect of your clients, you acted in a manner that is not in accordance with the norms and standard of your profession in that you entered into multiple relationships in relation to the couple.
Count 2
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that from September 2018 to November 2018, or part/s thereof, in respect of your clients, you acted in a manner that is not in accordance with the norms and standard of your profession in that you bartered with your clients for services rendered.
Count 3
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during the period from September 2018 to November 2018, or part/s thereof, in respect of your clients, you acted in a manner that is not in accordance with the norms and standard of your profession in that you entered into an exploitative relationship with the couple.
Penalty
The Professional Conduct Committee found the respondent guilty of unprofessional conduct and imposed the following sentence: 12 months’ suspension from practice, wholly suspended for a period of three years on condition that the practitioner is not found guilty of a similar transgression during the period of suspension. The practitioner must undergo ethics training, be concluded by December 2022 and submit proof of attendance to Adv Mapholisa; a fine of R10,000 payable over a period of two months, which was to be fully paid by end-January 2022.
L Chauke (SRC 0000701/24233002)
Student registered counsellor
Complaint
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during or about January 2017-April 2017, in respect of medical scheme beneficiaries, you and/or your practice acted in a manner that is not in accordance with the norms and standards of the profession in that you claimed for services not rendered.
Penalty
The respondent was found guilty of unprofessional conduct in that she claimed for services not rendered. A R5,000 fine was imposed, payable within six months: the respondent was also suspended from practice for 12 months, which was suspended for three years on condition she is not found guilty of committing a similar offence during the three-year suspension period.
January 2022
Dr N Monga (MP 0755524/23931506)
Medical Practitioner
Complaint
THAT you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about November 2020 in respect of your patients, you, acted in a manner that is not in accordance with the norms and standards of your profession in that, you employed an unregistered person to practice as Medical Practitioner and/or locum at your practice.
Penalty
The Professional Conduct Committee considered this matter on 18 January 2022 and the respondent was found guilty of unprofessional conduct and a fine of R25,000 was imposed.
Dr K Mudau (MP 0310700/16105214)
Medical Practitioner
Complaint
Count 1
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during February 2015, in respect of (the deceased), you acted in a manner that is not in accordance with the norms and standards of your profession in that you exposed patient\s to danger in that you: 1.1 employed unqualified persons; and\or 1.2 run an ill-equipped practice to deal with emergencies.
Count 2
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during February 2015, you acted in a manner that is not in accordance with the norms and standards of your profession in that you kept poor clinical records.
Penalty
The Respondent was found guilty and the sentence was:
• A fine of an amount of R70,000; R30,000 of that amount is suspended for three years on condition that he is not found guilty of a similar offence during the period
of suspension; R40,000 is payable on or before 17 April 2022, meaning he has three months to pay the fine of R40,000
Mr PC Ntanzi (AU 0001473/23247044)
Audiologist
Complaint
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during the period September 2011-August 2012, in respect of a Medical Aid beneficiaries, you and/or practice acted in a manner that is not in accordance with the norms and standards of the profession in that you: fraudulently billed GEMS (Government Employees Medical Scheme) by submitting fraudulent claims; brought the profession into disrepute.
Penalty
The Professional Conduct Committee considered this matter on 20 January 2022 and the Respondent was found guilty of unprofessional conduct and fined R70,000.
Dr NB Mazabane (MP 0602515/23198596)
Medical Practitioner
Complaint
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about April 2017, in respect of your patient, you acted in a manner that is not in accordance with the norms and standards of your profession in that you mismanaged your patient.
Penalty
The Respondent was found guilty as charged and fined R50,000, plus suspension from practice for 18 months with immediate effect.
Dr Z W Mqongwana (MP 0321303/35/2010)
Medical Practitioner
Complaint
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about December 2009 at your practice, you or your practice issued a sick certificate to a patient and an alias, while – (a) you did not examine the patient at all; and/or (b) you had no information from personal observation or otherwise that of the alias had been suffering from backache / lumbago as indicated on the said certificate; and/or (c) the patient visited you practice on 15 December 2009 and not 14 December 2009 as indicated on the said certificate; and/or (d) you are not entitled to the amount of R180 paid to you on 15 December 2009 as a consultation fee as no service had been rendered by you at all; and/or (e) the said certificate was issued with the sole purpose to defraud any potential employer involved.
Penalty
The Professional Conduct Committee found the respondent guilty as charged and imposed the following penalty: Caution and Reprimand.
See more from MedicalBrief archives:
R10,000 fine following abdominal hysterectomy — HPCSA’s April-July 2021 disciplinaries
HPCSA disciplinary committee rulings for October 2021
HPCSA disciplinary committee rulings for the third-quarter of 2021