Johannesburg - Gloves are off between suspended Tembisa Hospital chief executive Dr Lekopane Mogaladi and the Gauteng Department of Health. It has now emerged that Mogaladi has exercised his legal right to challenge the department's intention to place him under suspension.
His suspension came as a result of Health Ombudsman Professor Malegapuru Makgoba’s damning report of Shonisani Lethole’s death, which implicated him.
Lethole’s death set tongues wagging after he tweeted Health Minister Zweli Mkhize about being denied food at the hospital.
Lethole died at the hospital on June 30 after testing positive for Covid-19. Makgoba found the 34-year-old hadn’t been fed for a total of 100 hours.
The province’s Health Department implemented the Ombud’s recommendations and issued Mogaladi with a notice of intention to place him under precautionary suspension.
After the report was released, the Health Department stated it had no intention of challenging the report into circumstances surrounding Lethole’s death.
“Those who have expressed intention to challenge the report will be doing so in their individual capacities. The MEC for Health in Gauteng has already pronounced on the approach of the department as it relates to the report.”
Mogaladi is believed to have made written representations to the department outlining why there is no rational cause for the department to proceed with disciplinary action against him.
His communications team stated the department had proceeded to serve him with the notice of suspension, despite a letter from his legal team warning them not to rush into taking such decisions based on the recommendations of an unfounded report.
“Furthermore, it makes absolutely no sense why the department would rush to take such action despite being informed of his intention to appeal the report.”
Mogaladi’s communication team also expressed disappointment at the department’s decision to appoint someone to act in his position, stating the move reflected bias and a disregard for lawful processes.
“Appointing an interim CEO without considering Dr Mogaladi’s representation shows that the department had already made up its mind about suspending him.
“This is unfair and against the labour laws of South Africa.”
The team maintained that the Ombudsman disregarded evidence and failed to afford the chief executive an opportunity to make representations as prescribed by law. The team said the findings of the report should be set aside.
“Dr Mogaladi remains resolute in his mission to set the record straight by upholding the truth through legal channels.
“The report by the Health Ombudsman made irrational findings that could not be substantiated through evidence.”
The Star