Numerous counts of fraudulent medical aid claims and the selling of COVID certificates, inappropriate treatment of critically ill patients, a doctor who turned off the lights and kissed a patient without her consent, and another who physically and verbally abused a patient and the patient’s family … MedicalBrief rounds up the recent findings by the disciplinary committees of the Health Professions Council of SA.
MAY 2022
Dr L Moiloa MP (0311960/23874200)
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 on or about January 2020, 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 provided poor post-operative care to the patient, as she was discharged while in pain;
COUNT 2
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about January 2020, 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 failed and or neglected to give a drug an opportunity to perform its function on the patient, but resorted to conduct a dilatation that caused a complication.
Penalty
The Professional Conduct Committee found the practitioner guilty of unprofessional conduct on Count 1 and was sentenced as follows: • A fine of R70 000, payable within three months from end of May 2022, plus, a further three years' suspension, which is wholly suspended for a period of three years, on condition that she is not found guilty of a similar transgression during the period of suspension. The practitioner was found not guilty on Count 2 due to lack of evidence.
Dr Linda (MP 0552836/23281230)
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 on or about December 2019, at or near a hospital, you acted in a manner that is not in accordance with the norms and standards of your profession in that, you wrote and/or issued yourself a medical certificate;
COUNT 2
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 2019, at or near a hospital, you acted in a manner that is not in accordance with the norms and standards of your profession in that, you abandoned your duties while you were available at the private practice;
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 December 2019, at or near a hospital, you acted in a manner that is not in accordance with the norms and standards of your profession in that, you fraudulently received a salary for services not rendered.
Penalty
The Professional Conduct Committee found the Respondent not guilty on Counts 1 and 3. She was found guilty on Count 2 and the following sanction was imposed: R10 000 fine which is wholly suspended for a period of 12 months.
M Selepe (OP 0042331/24332376)
Optometrist
Complaint
COUNT 1
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about or during the period March 2016–August 2017, you and/or your practice acted in a manner that is not in accordance with the norms and standards of your profession, in respect of members registered with a medical scheme, in that you and/or your practice with intent to defraud the said medical aid, charged for professional services allegedly rendered whereas in truth and in fact when you and/or your practice very well knew that you and/or your practice never rendered any professional services to members of the medical aid, and did then and thereby by reason of such false pretences persuaded the medical aid to accept the claims as valid and to act thereon to the potential prejudice of the medical aid, to the total amount of R12 070 and thus, committed unprofessional conduct of fraud.
COUNT 2
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about March 2016–August 2017, you acted in a manner that is not in accordance with the norms and standards of your profession, in that you failed to keep adequate clinical records of your patients, which is in contravention of the ethical rule as provided for in Guidelines for Good Practice in the Health Care Professions.
Penalty
The Professional Conduct Committee found the respondent guilty on Count 1 and Count 2 and imposed the following penalty: R70 000 fine, of which R35 000 is immediately payable in six equal instalments from 1 June 2022; R35 000 is wholly suspended, on condition that he is not found guilty of having committed the same offence within the period of three years; one year suspension from practice, wholly suspended for a period of three years.
MM Matlala (OT 0027944/24399264)
Occupational therapist
Complaint
COUNT 1
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about or during the period January 2017–April 2021, you and/or your practice acted in a manner that is not in accordance with the norms and standards of your profession in respect of members registered with Medscheme, in that you and/or your practice, with intent to defraud the said Medscheme, charged for professional services allegedly rendered whereas in truth and in fact when you and/or practice so gave out and pretended to Medscheme, very well knew that, you and/or your practice never rendered any professional services to Medscheme members, and did then and thereby by reason of such false pretences persuaded Medscheme to accept the claims as valid and to act thereon to the potential prejudice of the medical scheme, to the total amount of R100 000 and thus, committed fraud.
Penalty
The Professional Conduct Committee found the respondent guilty of unprofessional conduct and imposed the following penalty: R50 000 fine, wholly suspended for a period of three years on condition that he is not found guilty of a similar offence committed during the period of suspension; and he must attend practice management courses and ethics within a period of one year.
DL Bruwer (MP 0569208//23100358)
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 on or about the June 2019, you acted in a manner that is not in accordance with the norms and standards of your profession in that you contravened the provisions of Ethical Rule 16 when issuing a medical certificate in the name of your patient;
COUNT 2
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about or during the period May 2021, you acted in a manner that is not in accordance with the norms and standards of your profession in that you failed to submit an explanation on the stipulated time by the Council, thereby, obstructing Council from performing its duties.
Penalty
The Professional Conduct Committee found the respondent guilty of unprofessional conduct and imposed the following penalty: R50 000 fine, wholly suspended for three years on condition that he is not found guilty of a similar offence committed during the period of suspension; and he must attend practice a management courses and ethics within one year.
Anver D Goga (MP 0229970/2305325)
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 January 2018-March 2018, at or near Westville Hospital, in respect of your patient, (deceased), you acted in a manner that is not in accordance with the norms and standards of your profession in that you managed the patient who was involved in a motor vehicle accident with blunt force trauma, negligently;
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 January 2018-March 2018, at or near Westville Hospital, in respect of your patient (deceased), you acted in a manner that is not in accordance with the norms and standards of your profession in that you managed a patient with severe injuries pre and post-operatively, inappropriately;
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 January 2018-March 2018, at or near Westville Hospital, in respect of your patient (deceased), you acted in a manner that is not in accordance with the norms and standards of your profession in that you managed a patient with an acute diaphragmatic rupture, inappropriately;
COUNT 4
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during the period January 2018 to March 2018, at or near Westville Hospital in respect of your patient (deceased), you acted in a manner that is not in accordance with the norms and standards of your profession in that you: –
4.1 lacked compassion; and/or
4.2 behaved inappropriately towards the family of the patient
Penalty
On 30 May 2022, the Professional Conduct Committee found the respondent guilty of unprofessional conduct and imposed the following penalty: one year suspension from practice which is wholly suspended for three years on condition that he does not commit a similar offence during the period of suspension; plus, a fine of R50 000 payable within five months from 30 June 2022-30 November 2022.
JUNE 2022
MJ Nkosi (TT 0002453/21220438)
Dental therapist
Complaint
COUNT 1
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that between August 2017 and November 2018, you acted in a manner not in accordance with the norms and standards of your profession, in that you failed to respond to the Health Professions Council of South Africa (“Council”), thereby, contravening Ethical Rule 20(a).
COUNT 2
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that between May 2013 and July 2017, you acted in a manner not in accordance with the norms and standards of your profession, in that you practised outside the scope of your profession.
Penalty
The Professional Conduct Committee found the respondent guilty as charged on Count 1 and Count 2. All counts were taken as one and sentenced as follows: a fine of R50 000, half of which is suspended for three years on condition that he is not found guilty of a similar offence committed during the period of suspension; and R25 000 payable in six months, starting end of July 2022; and he must attend an ethics course.
N Nkosi (GT 0058041/24393554)
Medical Technician
Complaint
COUNT 1
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional, in that on or about or during September 2020 and October 2020, as a registered Medical Technologist with the Health Professions Council of South Africa (“HPCSA”), you acted in a manner not in accordance with the norms and standards of your profession, in that you issued fraudulent COVID-19 result and sold the relevant result in exchange for cash/money and/or your practice provided insufficient care to your patient by dismissing your patient without providing the necessary medical care.
Penalty
The Professional Conduct Committee found the respondent guilty as charged and imposed the following sentence: six months’ immediate suspension, and further, that we should refer the transcribed record to the relevant committee for investigation.
P Homu (PRC 00221144/24406008)
Registered counsellor
Complaint
COUNT 1
That you are guilty of unprofessional conduct and or conduct which when regard is had to you profession, is unprofessional in that in that on or about September 2019 to September 2019, in respect of your patient, you and/or your practice claimed for services not rendered.
COUNT 2
That you are guilty of unprofessional conduct and or conduct which when regard is had to your profession, is unprofessional in that on or about the September 2019-October 2020, in respect of member your patient, you and/or your practice claimed for services not rendered.
COUNT 3
That you are guilty of unprofessional conduct and or conduct which when regard is had to you profession, is unprofessional in that on or about the September 2020, in respect of your patient, you and/or your practice claimed for services not rendered.
COUNT 4
That you are guilty of unprofessional conduct and or conduct which when regard is had to you profession, is unprofessional in that on or about August 2017-December 2017, in respect of your patient, you and/or your practice claimed for services not rendered.
COUNT 5
That you are guilty of unprofessional conduct and or conduct which when regard is had to you profession, is unprofessional in that on or about the January 2021-February 2021, in respect of your patient, you and/or your practice claimed for services not rendered.
COUNT 6
That you are guilty of unprofessional conduct and or conduct which when regard is had to you profession, is unprofessional in that on or about the August 2017-February 2021, you and or your practice claimed for services not rendered.
Penalty
The Professional Conduct Committee found the respondent guilty of unprofessional conduct and imposed the following penalty: three years’ suspension from practice, which is suspended for five years on condition she does not commit a similar offence during the period of suspension; and she must attend training on ethics and practice management within 12 months from date of the hearing.
P Homu (PRC 00221144/23967528)
Registered counsellor
Complaint
That you are guilty of unprofessional conduct and or conduct which when regard is had to your profession, is unprofessional in that on or about the August 2017-February 2021, you and/or your practice claimed for services not rendered from Platinum Health Medical Aid members.
Penalty
The Professional Conduct Committee found the respondent guilty of unprofessional conduct and imposed the following penalty: three years’ suspension from practice which is suspended for a period of five years on condition that she does not commit a similar offence during the period of suspension; and she must attend training on ethics and practice management within 12 months from date of the hearing.
S Van der Merwe (MP 0275450/2286840)
Medical Practioner
Complaint
COUNT 1
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about or during the period between February and March 2012 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 provided inappropriate management to a critically ill patient.
Penalty
The Professional Conduct Committee found the respondent guilty of inappropriate management of a critically ill patient. He is sentenced to 12 months’ suspension from the HPCSA register to practice his profession, wholly suspended for a period of three years on condition that he is not found guilty of having committed a similar offence during the period of suspension.
A Ramdhin (MP 0326879/23214890)
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 on or about September 2019, you acted in a manner that is not in accordance with the norms and standards of your profession in that you issued a medical certificate, of a doctor, to your patient and you forged the doctor’s signature in that medical certificate;
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 January 2019-28 November 2020, you and/or your practice 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 keep records of practitioners working in your practice.
Penalty
The respondent was found guilty by the professional conduct committee and the following penalty was imposed: a R20 000 fine imposed, half of which is suspended for three years on condition that he is not found guilty of a similar offence during the period of suspension. R10 000 payable within 30 days.
D Nyoni (MP 0794341/23339136)
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 April 2019 to October 2020, you acted in a manner that is not in accordance with the norms and standards of your profession in that: you dispensed medication without a licence.
Penalty
The respondent was found guilty by the professional conduct committee and the following penalty was imposed: caution and reprimand.
Prof AE Gangat (MP 0106577/23088000)
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 on or about December 2018 in respect of your patient, you acted in a manner that is not in accordance with the norms and standards of your profession by conducting yourself in an inappropriate manner during the examination in that you switched off the lights and kissed your patient without her consent.
Penalty
The respondent appeared before the professional conduct inquiry and was represented by Godfrey & Associates from Durban who in turn, instructed Advocate Jorgensen SC. The respondent was charged with one count of unprofessional conduct, relating to inappropriate sexual conduct towards a patient. The respondent entered a not guilty plea and the inquiry ran a full course. The respondent was found guilty by the professional conduct committee and the following penalty was imposed: 3.1 a fine of R100 000, half of which is suspended for a period of three years on condition that the respondent is found not guilty of a similar offence during the period of suspension; the amount be payable in three instalments of R16 600, the first instalment to be paid on or before the 30 June 2022 and the last to be paid on or before the end of August 2022. Furthermore, the respondent must attend a course on ethics and submit proof thereof to the Acting Registrar.
S Tlale (MP 0423262/20043178)
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 on or about May 2016, you acted in a manner that is not in accordance with the norms and standard of your profession by: 1. verbally and physically assaulting your patient and his family and; 2. denying your patient treatment.
COUNT 2
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about March 2019, you acted in a manner that is not in accordance with the norms and standard of your profession in that: 2.1 while you are employed as a medical officer grade three at a hospital you operated a private practice without approval of your employer in contravention of the Public Service Act, its regulations and code of conduct.
Penalty
The respondent appeared before the Professional Conduct Committee for unprofessional conduct and was found guilty as charged and sanctioned as follows: removed (erased) from the register of Medical and Dental Board.
JH VENTER (DP 0058530/23089118)
Dentist specialist
Complaint
COUNT 1
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with section 1 of the Health Professions Act 54 of 1974 as amended, is unprofessional in that on or about 2013-2014 and or portions thereof, you acted in a manner that is not in accordance with the norms and standard of your profession in that: you were convicted by a court of law in the United Kingdom (“Mertthyr Tydfil Crown Court”) in contravention of section 45 (1) of the Health Professions Act 54 of 1974.
Penalty
The respondent appeared before the Professional Conduct Committee for unprofessional conduct. He was found guilty as charged and was sanctioned as follows: caution and reprimand.
MP NTJINGILA (MP 0554367/23154962)
Medical Practitioner
Complaint
COUNT 1
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with section 1 of the Health Professions Act 54 of 1974 as amended is unprofessional in that on or about May 2019 in relation your patient, you acted in a manner that is not in accordance with the norms and standard of your profession in that: 1.1. none and/or certain of the professional services were rendered by you; and/or 1.2. you knew and/or ought to have known that you and/or your practice were not entitled to payment of any of the amounts specified in the said account/statement; and/or 1.3. the said account/statement was drafted in a manner that was inaccurate and/or incorrect; and/or amounted to misrepresentation; 1.4. the said accounts were drafted in such a manner as to cause actual and/or potential financial prejudice to the main members and/or their dependents (“patients”) and/or the Medical Aid Schemes concerned.
COUNT 2
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with section 1 of the Health Professions Act 54 of 1974 as amended is unprofessional in that on or about May 2019 in relation to your patient, you acted in a manner that is not in accordance with the norms and standard of your profession in that: 2.1. you engaged in an undesirable business practice by claiming for services contrary to the procedure performed.
Penalty
The respondent appeared before the Professional Conduct Committee for unprofessional conduct and was found guilty as charged and was sanctioned as follows: R50 000 fine; half wholly suspended for two years; on condition that he is not found guilty of a similar offence during the period of suspension; the remaining R25 000 to be paid immediately.
N WELKOVICS (MP 0394688/23853336)
Medical Practitioner
Complaint
COUNT 1
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with section 1 of the Health Professions Act 54 of 1974 as amended is unprofessional in that on or about May 2020 in relation to the deceased patient, you acted in a manner that is not in accordance with the norms and standard of your profession in that: 1.1. you were negligent as you failed to examine the patient prior to making a decision to refuse admission.
Penalty
The respondent appeared before the Professional Conduct Committee for unprofessional conduct and was found guilty as charged and sanctioned as follows: 12 months’ suspension, wholly suspended for two years; on condition that he is not found guilty of a similar offence during the period of suspension; R100 000 fine, payable immediately.
JJ JOHNNY (ANA 0186910/23915444)
Ambulance emergency assistant
Complaint
COUNT 1
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, read with section 1 of the Health Professions Act 54 of 1974 as amended is unprofessional in that on or about 2020 to 2021 and/or portions thereof in relation to your deceased patient, you acted in a manner that is not in accordance with the norms and standard of your profession in that you: 1.1. posted their graphic pictures which are deemed confidential on social media without their consent, copies herein attached marked annexure “A”.
Penalty
The respondent appeared before the Professional Conduct Committee for unprofessional conduct and was found guilty as charged and sanctioned as follows: 1. two years’ suspension, wholly suspended for three years; a. on condition that he is not found guilty of a similar offence during the period of suspension; b. Further, he must also pay a fine of R15 000 that was imposed by prelim.
JULY 2022
I Ebrahim (MP 0173916/2555726)
Medical Practitioner
Complaint
COUNT 1
That you are guilty of unprofessional conduct which, when regard is had to your profession, is unprofessional in that during or about September 2012, or portions thereof, 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 provided poor post-operative care to your patient who was bleeding.
Penalty
The respondent was found guilty on one count of improper conduct. The following sanctions were imposed: a. two years’ suspension, wholly suspended for five years; b. on condition that he is not convicted of a similar offence during the period of suspension. c. The respondent is barred from performing any surgical procedures at all; d. He is to further attend a course on morbidity and mortality which is held once a month: i. he is to attend these meetings for 12 months. ii. on completion the head of that institution is to furnish a report of his completion to the Board. iii. the institution that he has to attend must be an academic institution, it can be closest to where he stays.
VE Nongongo (MP 0606189)
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 on or about May 2015, in respect of your patient, you and/or your practice acted in a manner that contravened Ethical Rule 16; in that you issued your patient with a medical certificate which does not comply with the provisions of the stated Ethical Rules.
COUNT 2
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about March 2015, in respect of your patient, you and/or your practice acted in a manner that is not in accordance with the norms and standards of your profession in that you issued a medical certificate to your patient without examining her.
COUNT 3
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about March 2015, in respect of your patient, you and/or your practice acted in a manner that is not in accordance with the norms and standards of your profession in that: You issued a medical certificate to your patient without examining him.
COUNT 4
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about 06 June 2014, 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 i. you were negligent when injecting the patient and: ii. exposing the patient to danger in that you failed to timeously refer the patient to hospital for the draining of an abscess.
COUNT 5
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about September 2011, 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: i. booked your patient off sick for an excessive period of two months without verifying the medical condition and/or the reasons underlying the in capacity; ii. provided your patient with an inadequate management of hypertension.
COUNT 6
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about March 2016; 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 sold a medical certificate to your patient.
COUNT 7
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about January 2014 you acted in a manner that is not in accordance with the norms and standards of your profession in that you employed an unregistered practitioner to consult with your patients.
COUNT 8
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about February 2016, you contravened Ethical Rule 20 in that: you failed to respond to Council’s correspondence.
COUNT 9
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about July 2016, you acted in a manner that is not in a accordance with the norms and standards of your profession of your profession in that you contravened Ethical Rule 20 of the Ethical and Professional Rules of the Health Professions Council in that you failed and/or refused and/or neglected to respond to council correspondence.
COUNT 10
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about July 2015, you acted in a manner that is not in accordance with the norms and standards of your profession in that you employed an unregistered practitioner to consult with your patients.
COUNT 11
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about July 2015, you acted in a manner that is not in accordance with the norms and standards of your profession in that you failed to keep proper clinical notes of your patients.
Penalty
On the 15 July 2022, the respondent was found guilty by the professional conduct committee on eight counts and all the counts were taken as one for purposes of a sanction, the following sanction was imposed: six months’ suspension from the register. The respondent was, however, found not guilty in respect of three counts.
Dr Kwaza (MP 0648582/24380506)
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 on or about February 2021, you and/or your practice issued an inaccurate and/or inappropriate medical certificate to a patient.
Penalty
The respondent was found guilty of unprofessional conduct on all counts and imposed the following penalty: one year suspension, suspended for five years on condition that he does not commit a similar offence during the period of suspension; and a fine of R10 000.
S Nkwanyana (OH 0022888/24439064)
Oral hygienist
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 month of October 2021, you were practising while suspended.
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 during December 2021, you and/or your practice failed to keep medical records of your patients.
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 1-30 October 2021, you failed to provide your patient with an invoice and/or medical records for the consultations of October 2021.
COUNT 4
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during the month of October 2021, you and/or your practice transmitted medical records of your patients to another doctor without the consent of your patient.
COUNT 5
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that during the month of October 2021, you and/or your practice transmitted medical records of your patients to another doctor for the consultations during October 2021 who in turn claimed for services not rendered.
Penalty
The Professional Conduct Committee found the Respondent guilty of unprofessional conduct on all counts and imposed the following penalty: three years’ suspension, suspended for a period of five years on condition that he is not found guilty of a similar offence during the period of suspension.
J Vermeulen (PS 0098183/232159)
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 on or about the period 2013-2017 in respect of the patient, you acted in a manner that is not in accordance with the norms and standards of your profession in that you: 1.1 failed to give evidence in court on diagnostic evidence; 1.2 were incompetent, in that you gave testimony without proper clinical notes and psychological assessment; 1.3 were biased in your testimony in court in favour of the accused patient; 1.4 were negligent by not keeping clinical notes.
COUNT 2
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about the period August 2016-September 2016 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 provided to your patient inadequate post- operative care and management.
Penalty
The respondent was found guilty on count 1.1.; 1.2. & 1.3. and was sanctioned as follows: the respondent is placed under supervision for a period of 12 months; a supervisor is to be appointed who will hold monthly meetings to monitor the respondent. At the expiry of the 12 months the supervisor is to submit a report to the Board of Psychology on the consideration for the respondent to revert to unsupervised practice; he is fined R20 000; he is to comply with the yearly CPD points requirements.
N Masola (PRC 0022799/23919772)
Registered counsellor
Complaint
COUNT 1
That you are guilty of unprofessional conduct or conduct which, when regard is had to your profession, is unprofessional in that on or about the period of August 2019 to October 2019 you acted in a manner that is not in accordance with the norms and standards of your profession in that you rendered or caused or permitted to be rendered on your behalf an account or statement wherein you charged and or attempted to recover the amounts specified in the account or statement in respect of professional services rendered by you whilst: 1.1. none of the professional services were rendered by you; and/or 1.2. you knew that you were not entitled to payment of any amounts specified in the said account(s) or statement(s); and/or 1.3. you claimed for services not rendered and paid cash out to your patients in terms of such claims.
Penalty
The respondent was found guilty as charged and was sanctioned as follows: R20 000 fine, payable over a period of 12 months; in addition; the respondent is suspended from practice for three years, which is wholly suspended for three years; on condition that she is not found guilty of a similar offence during the period of suspension.
A M Haffajee (MP 0486353/23845122)
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 on or about the August 2018 and the October 2019, you acted in a manner that is not in accordance with the norms and standards of your profession in that: you acted fraudulently by forging an authorisation letter for the consignment of medicinal substances.
Penalty
The respondent was found guilty as charged and was sanctioned as follows: R20 000 fine; R10 000 suspended for three years; on condition that he is not convicted of a similar offence during the period of suspension; R10 000 to be paid to Council.