The High Court has reserved judgment after an endocrinologist, who was permanently struck from the medical roll in July after being found guilty for a second time of sexually assaulting patients, pleaded for his ban to be lifted pending his appeal.
However, the Health Professions Council of South Africa (HPCSA) told the Gauteng High Court it would be “derelict in its duty to protect the public” if disgraced Dr Gregory Arthur Hough (53) were allowed to return to work while appealing his lifetime ban, reports News24.
He has approached the High Court with an urgent application to suspend the sanction, pending an appeal.
The HPCSA, its president and several members of the Professional Conduct Committee opposed the application, arguing to keep the sanction in place until Hough’s review or appeal is finalised.
“The applicant has not demonstrated a prima facie right. His allegations of bias and procedural unfairness do not withstand scrutiny,” said Advocate JG Rautenbach, appearing for the HPCSA.
“The council has an obligation to protect the public. Allowing him to practise would directly contradict that duty.”
HPCSA defends its decision
In its heads of argument, the council said Hough’s complaints of bias, unfair refusals of postponements and denial of representation were “without merit”, and that the disciplinary committee had acted “fairly and within its mandate”, with Hough having had “ample opportunity to state his case”.
It argued that even when postponements were refused, the inquiry was later postponed for other reasons, and Hough “suffered no prejudice”. His legal team had withdrawn voluntarily, and he had no automatic right to further delays.
The council also defended the committee’s decision to subpoena Hough’s psychiatrist, saying it was entitled to verify a medical certificate that excused him from attending proceedings, and denying any irregularity.
The seriousness of the misconduct, which involves sexual assault of patients, justified the ultimate sanction, it said.
Hough insists on fairness
Hough had asked the court to review and set aside the HPCSA’s decision and to reinstate him on the medical roll, saying the lifetime ban was “disproportionate”.
His lawyers told the court the sanction was “immediate and devastating”, leaving him without an income before his appeal could be heard.
His counsel maintains he was denied postponements at crucial stages and that the committee failed to recuse itself, despite clear bias.
His lawyer further claimed the proceedings were irregular because the committee called his psychiatrist without proper justification.
Judge reserves ruling
Acting Judge Jacques Minnaar clarified that the court was not rehearing the misconduct charges but only considering whether Hough had met the legal test for temporary relief.
“We are here on an urgent basis to determine whether the sanction imposed by the Professional Conduct Committee should be suspended pending appeal or review,” Minnaar said. “I am not inclined to deal with the merits of the misconduct charges: those are for another forum.”
After a brief argument from both sides, the court reserved judgment, indicating that a ruling would be delivered in due course.
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