The Health Professions Council of South Africa (HPCSA) has begun its misconduct inquiry into Limpopo Premier Dr Phophi Ramathuba over her tirade directed at a Zimbabwean patient in 2022 while she was Health MEC.
The inquiry is in response to a complaint by Kopanang Africa Against Xenophobia and Lawyers for Human Rights, supported by several other organisations including the Treatment Action Campaign, Section27 and the Helen Suzman Foundation.
A video released at the time showed Ramathuba telling an undocumented Zimbabwean patient at Bela Bela Hospital that countries of origin should pay for their citizens’ procedures, and that they were burdening the South African health system, reports The Citizen.
Ramathuba said in part: “You speak Shona. Then how do you find yourself in Bela Bela when you are supposed to be with Mnangagwa (President of Zimbabwe)? You know he doesn’t give money to me to operate on you guys and I am operating on you with my limited budget.
“… you are not even registered anyway, you are not counted. You are even illegal …This is unfair. I can’t go to Zimbabwe and get health treatment.”
Court blow
The inquiry into Ramathuba began on Monday after her legal bid to halt the proceedings was unsuccessful.
She had approached the court to challenge preliminary findings of the HPCSA committee in February 2023 that “There is evidence of unprofessional conduct … in terms of Regulation 4(9) … relating to the conduct of inquiries into alleged unprofessional conduct under the Health Professions Act”.
She argued in the Gauteng High Court that her comments had been made in her role as MEC, not as a doctor, and that the HPCSA had no jurisdiction over her in this case.
She also argued that the finding of the preliminary committee of inquiry infringed her constitutional rights, including her right to equality, freedom of expression, political right to participate in political activities of the political party of her choice, the right to fair administrative action, and the right of access to the court.
The court dismissed Ramathuba’s application with costs, saying she had maintained her registration as a doctor under the Health Professions Act.
“The HPCSA is the custos morum of the medical profession and also ‘the guardian of the public interest insofar as members of the public are affected by the conduct of members of the profession’,” said Judge Anthony Millar at the time.
Health-e News reports that at the hearing this week, the HPCSA heard from Nigel Branken, a registered social worker with 30 years of experience.
Branken spoke on behalf of the coalition of complainants against Ramathuba which includes: Kopanang Africa Against Xenophobia, Lawyers for Human Rights, Neighbours NPO, Treatment Action Campaign, Section 27, Socio-Economic Rights Institute, Health Justice Initiative, Progressive Health Forum and Helen Suzman Foundation.
He argues that, as a public servant, Ramathuba is bound by the South African Constitution. But her action breached six fundamental ethical principles.
“She failed to respect the patient as a person and acknowledge their intrinsic worth, dignity and sense of value. As a provincial healthcare leader, her behaviour sets a troubling example that may signal to other healthcare professionals that such treatment is acceptable,” he said.
He said Ramathuba’s actions imply that healthcare access should depend on nationality. This risks fostering a discriminatory environment, undermining healthcare equity and public trust.
“When healthcare leaders fail to uphold human rights, they foster an environment where healthcare professionals may feel justified in neglecting or discriminating against certain groups, leading to health disparities and eroding ethical standards in healthcare,” said Branken.
Spreading misinformation
Branken said Ramathuba’s statement violated the principle of truthfulness by spreading misleading information about the impact of foreign nationals on South Africa’s healthcare system.
“Dr Ramathuba claimed that foreign nationals and undocumented migrants are included in budget allocations for healthcare services stating that their presence overburdens the system. This claim is misleading. By misrepresenting healthcare funding and migration trends, Dr Ramathuba’s statements stigmatise vulnerable communities, particularly foreign nationals,” he said.
He said such misinformation could lead healthcare practitioners failing to care for foreign nationals and undocumented individuals, further straining an under-resourced healthcare system.
The complainants want the HPCSA to revoke Ramathuba’s registration. They also called on the HPCSA to investigate the other health professionals in the video who failed to intervene to protect the patient.
“Should they be found guilty of unprofessional conduct, we request that appropriate sanctions be applied and a deterrent to similar actions by other healthcare professionals in the future.”
The disciplinary inquiry continues this week and Ramathuba is expected to appear before the committee tomorrow.
Health-e News – Limpopo Premier Phophi Ramathuba faces HPCSA charges for 2022 viral rant
See more from MedicalBrief archives:
MEC’s HPCSA hearing moved to 2024
Limpopo Health MEC must ‘face the music’ for migrant remarks, judge orders
MEC to face inquiry after rejecting xenophobic rant sanction