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HPCSA CEO wants employer, health department to pay legal costs of suspension challenge

Health Professions Council of SA registrar and CEO David Motau.
Health Professions Council of SA registrar and CEO David Motau.
Image: Supplied

Health Professions Council of SA (HPCSA) registrar and CEO David Motau has written to health minister Joe Phaahla and the council asking for an undertaking that they will pay the legal costs of an urgent application he filed to have his suspension lifted.

Motau was placed on precautionary suspension last week by then acting health minister Mmamoloko Kubayi.

The suspension followed his appearance in the Bloemfontein magistrate's court last Monday, where he was charged with contravening the Public Finance Management Act. He was released on bail of R5,000.

Kubayi said Motau's suspension was necessary due to the seriousness of the allegations and the ramifications for ethical dynamics in the health fraternity.

Phaahla, the newly appointed health minister, lifted Motau’s suspension on Tuesday after an ultimatum from Motau's lawyer Neville Gawula to either lift the suspension or face legal action.

In the letter, Gawula gave the minister until 10am on Tuesday to respond to his client’s demands.

“We did not receive anything [in the form of response], as a result, we filed an urgent application. We served the minister, the president of the HPCSA, and the HPCSA,” said Gawula.

Phaahla did not meet the Tuesday 10am deadline, but wrote to Motau to confirm his suspension was lifted.

The letter read: “You are hereby informed that your precautionary suspension has been lifted with immediate effect and you are therefore requested to report for duty on receipt of this letter.”

Gawula said his client would go ahead with the urgent application if the minister and the HPCSA did not give an undertaking to cover the legal costs.

“At the outset we contended that the precautionary suspension of our client was unlawful and irrational and hence we urged minister Phaahla in our letter, dated August 6 2021, to withdraw and or uplift same. Accordingly, we commend the minister’s decision to uplift the suspension,” Gawula said in a letter sent to the minister.

“Be that as it may, as you [are] aware our client had to seek legal assistance to vindicate the rule of law against the unlawful and irrational decision that was taken by the erstwhile acting minister of health. To this end, we served the urgent application earlier today [Tuesday] as per our letter dated August 6 2021.

“Accordingly, our client is saddled with the unnecessary legal costs.”

In the letter, Gawula said his client sought the minister's and the HPCSA’s undertaking in respect of legal costs by no later than Thursday.

“In the event that you refuse to furnish us with an undertaking, we will proceed to file a short supplementary affidavit to court, simply to abreast the court with the minister’s decision to uplift the suspension and simply seek a cost order,” Gawula said.

He said they would withdraw the application once they had received the undertaking from both parties.

The health department and the HPCSA had not responded to questions by the time of publication. This article will be updated should they do so.

TimesLIVE


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