Johannesburg - Suspended Tembisa Hospital chief executive Dr Lekopane Mogaladi is seemingly refusing to back down without a fight.
Mogaladi’s legal team is believed to be hard at work as they remain resolute in their course to challenge the findings of Health Ombudsman Professor Malegapuru Makgoba.
This comes after Makgoba released a damning report into the death of Shonisani Lethole in July last year at the hospital. The report recommended that disciplinary action be taken against Mogaladi after it indicated that the service rendered to Lethole was inadequate.
It has now emerged that Health Minister Dr Zweli Mkhize had finally appointed an independent tribunal to adjudicate his appeal, a decision Mogaladi has welcomed.
In a statement, his communication team said: “Dr Mogaladi had previously served the Health Minister, together with the Gauteng Health MEC and the Gauteng premier with legal summons due to delays in setting up the independent tribunal within the period prescribed by law.
“The appointment of a tribunal means that the court proceedings will no longer be necessary at this point.”
Mkhize’s communication unit stated that the tribunal was meant to advance the appeal process lodged by Mogaladi through his attorneys on February 8, following the release of a report by the Health Ombudsman into the death of Lethole.
“Dr Mogaladi would like to emphasise that he remains deeply empathetic towards the family and friends of the late Mr Lethole following their tragic loss. This legal process is meant in no way to disregard the sanctity of human life, but to help bring a sense of closure for all affected parties.”
Mogaladi’s team is arguing that the report made certain adverse findings against him which are untrue and not supported by sound evidence. It further stated his suspension as the chief executive was never legally affected after he was served with a notice of intention to suspend in January.
“The department proceeded to appoint an interim chief executive even though his suspension was never finalised. This decision was questioned by workers on the ground through their labour unions because the department has failed to follow the legal process in this matter. They also raised concerns about the department’s decision to advertise the chief executive position after his suspension.
“Dr Mogaladi is aware that the department has also proceeded to advertise his position, which is another unlawful act he is challenging through the CCMA with the assistance of his labour union. He hopes that the independent tribunal will assist in advancing the truth so that justice can prevail in this matter,” the statement read.
The Star