MEC has violated the law and Constitution, claim medical bodies
The South African Medical Association (SAMA), which represents almost three-quarters of the country’s doctors, has accused Health MEC Peggy Nkonyeni of violating public service procedures and demanded that she apologise to its member, Dr Mark Blaylock.
Blaylock is the Manguzi doctor who threw Nkonyeni’s photograph in a dustbin in February, and was subsequently attacked as a racist by the MEC in her Budget speech in the provincial legislature.
By going public with Blaylock’s ‘alleged transgressions’, Nkonyeni had violated the due process laid out by the Public Service Coordinating Bargaining Council, said SAMA President Dr Kgosi Letlape. This was ‘deplorable’ and ‘unduly prejudicial’ to Blaylock.
On Friday, the Human Rights Commission (HRC) was also formally asked to investigate whether Nkonyeni has ‘abused her position in order to harass and violate the rights of doctors and the community at Manguzi Hospital and in the whole of Umkhanyekude district’.
The request was made by the AIDS Law Project (ALP) on behalf of its clients, the SA HIV Clinicians Society, the Rural Doctors’ Association of SA and the Treatment Action Campaign.
The ALP alleges that the MEC has violated the Constitution in six different grounds, including infringing on Blaylock’s right to administrative justice, dignity and freedom of expression.
Citing a ‘clear pattern of harassment and intimidation by the MEC’, the ALP said in a letter to the HRC that this had had a ‘chilling effect’ on health-care workers in Umkhanyekude and their ability to provide health services.
In addition, the patient-doctor relationship in the district has been badly affected by media reports containing ‘explicit details’ about allegations against Blaylock and his colleague, Dr Colin Pfaff.
This week, a five-person task team appointed by Nkonyeni visited Manguzi for a day and questioned staff about Blaylock and Pfaff, as well as the two doctors themselves.
A source close to the task team said a case could be made for Blaylock to be declared unfit to practice as a doctor because of ‘psychological issues’.
A number of staff members were closely questioned about Blaylock’s alleged short temper, according to hospital sources.
In addition, the task team wanted to know why Pfaff had raised donor funds to buy the antiretroviral drug AZT to give to pregnant HIV positive women as ‘dual therapy’ to supplement the nevirapine-only prevention of mother-to-child HIV transmission programme of the department.
However, the ALP questioned the impartiality of the task team, which is headed by Professor Eddie Mhlangu, a former chief director in the national health department and now head of obstetrics and gynaecology at the University of KZN.
‘The task team appears to be made up of government officials, including an employee of the Health Department who is alleged to have assisted the MEC in drafting her budget speech,’ the ALP claimed.
‘The terms of reference of the task team are not clear. What is clear, though, is that this was not an independent team and this has had an intimidating effect on doctors.’
Prior to being appointed to head the task team, Mhlanga described Blaylock’s actions as ‘not wise’, adding that ‘whatever we [doctors] do, we must not undermine those in authority’.
Other task team members are Dr Reggie Perumal an independent forensic pathologist who specialises in criminal investigations, Dr Bob Gopalan, head of anaesthetics at the University of KZN, Dr S H Bhaila, a surgeon at Inkosi Albert Luthuli Central Hospital, and Dr MC Conradie, a urologist at Grey’s Hospital.
SAMA said it will also complain to the Premier of KwaZulu-Natal and about the MEC’s conduct, ‘which clearly demonstrates a lack of respect of legitimate process’.
‘As a member of the association, Dr Blaylock will be appropriately represented on actions taken against him as a result of these allegations.,’ said Letlape.
The KZN health department failed to respond to queries. ‘ Health-e News Service.
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