Pretoria - Limpopo MEC of Health Dr Phophi Ramathuba has been dealt another legal blow after the Gauteng High Court, Pretoria yesterday turned down her application for leave to appeal against an earlier finding that her misconduct inquiry should not continue.
Last month, Judge Anthony Millar turned down her urgent court bid to interdict the Health Professions Council of SA (HPCSA) from proceeding with its misconduct inquiry against her for her remarks to a foreign patient last year.
Ramathuba turned to the court at the time to urgently stop the hearing scheduled for next week (July 25-27). She wanted this order, pending a later application, to overturn the decision by the HPCSA to hold an inquiry.
Unhappy with the fact that the judge ruled against her, Ramathuba yesterday asked Judge Millar for leave to appeal against his earlier judgment. If this was granted, it would have meant that her hearing would have been suspended pending the outcome of appeal proceedings.
But in a judgment issued yesterday, Judge Millar said there are no prospects that another court would come to a different conclusion than the one he had come to.
He also said Ramathuba did not advance any compelling reason for the granting of leave to appeal.
“I have considered the grounds upon which this application for leave to appeal has been brought and the arguments advanced by the parties.
I have also considered the reasons for dismissing the application on June 2 and am of the view that there is neither a reasonable prospect that another court would come to a different conclusion nor any other compelling reason or arguable point of law which merits the granting of leave to appeal,” the judge said.
In turning down her latest application, he once again slapped her with an order that she had to foot the legal bill for this application.
The MEC made headlines in August last year when a video went viral in which she made remarks to a Zimbabwean patient at Bela Bela Hospital. In the clip posted on Twitter, Ramathuba said only in South Africa did people come into the country and expect treatment.
Ramathuba said in her application that as MEC, she did not fall under the jurisdiction of the HPCSA. But Judge Millar, in turning down her urgent application for an interdict, said she “simply has no right, let alone a prima facie right”, to avoid the jurisdiction of the HPCSA in circumstances where she has maintained her registration as a doctor in terms of the Health Professions Act.
In her application she said the watchdog body over the medical profession cannot touch her, as it “lacks jurisdiction over her as a member of the executive arm of government”.
Judge Millar said it was not in issue that she has at all times been registered as a health professional and remains so. He said the HPCSA was the custodian of the medical profession, and “the guardian of the public interest insofar as the public is affected by the conduct of members of the profession”.
Thus, he said, like any other medical professional registered with the HPCSA, she had to face the music.
The effect of the judgment yesterday, is that Ramathuba will have no option but to the face the disciplinary panel next week.
Pretoria News