Pretoria - The medical aid scheme for government employees, Gems, will appeal a judgment in which the Gauteng High Court, Pretoria, ruled that the public protector did have jurisdiction to investigate its conduct.
Judge Elizabeth Kubushi dismissed an application by Gems that Public Protector Busisiwe Mkhwebane was excluded from investigating it. Gems argued that in terms of the Public Protector's Act, the office was only authorised to investigate organs of state or government components.
Gems said since it was neither of these, the public protector was precluded from conducting an investigation into its affairs.
Mkhwebane, on the other hand, argued that Gems performed a public function and therefore fell into the category to be investigated to ensure the level of accountability.
Judge Kubushi agreed and said that compared to other medical schemes, Gems was unique.
The application by Gems was sparked by a complaint by a dependent of a Gems member, Joel Ngwato. He turned to the public protector after he did not get joy from a complaint he had lodged with Gems.
He said Gems refused to admit him as a beneficiary to the scheme after his partner, who was a full member, died in 2013.
Mkhwebane subpoenaed Gems senior officials to appear before her relating to the complaint. Gems, meanwhile, turned to court to set aside the subpoenas. The subpoenas were put on ice, pending the outcome of the application.
Gems objected to Mkhwebane's investigation as it said that Ngwato's main dispute had been dealt with by the scheme. But Mkhwebane said the fact that he was initially refused membership because he could not prove a marriage certificate still remained.
Judge Kubushi said Mkhwebane had broad discretionary powers of what to investigate. She is thus in this case entitled to decide what to investigate following the complaint.
While turning down Gems’s application, she lifted the subpoenas of the two officials, meaning that they would have to face Mkhwebane.