Doctor who failed to submit his tax returns performs free surgeries for state hospital patients

Generic file picture: Inside an operation theatre Picture: Henk Kruger/African News Agency(ANA)

Generic file picture: Inside an operation theatre Picture: Henk Kruger/African News Agency(ANA)

Published Apr 18, 2021

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A City surgeon performed 12 free operations on patients from Groote Schuur Hospital’s waiting list after he was charged with eight counts of failure to submit his income tax returns for eight years.

National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila said Dr Nisar Ahmed Moosa, 71, an orthopaedic surgeon, and his company Rondebosch Medical Centre Pharmacy failed to submit the tax returns between 2009 and 2017.

Ntabazalila said the company was fined R15 000, which was suspended for five years with the condition that during that time is not found guilty of contravening Income Tax Act administration.

The charges against Moosa were withdrawn after he completed a diversion programme which included performing 12 operations on patients at his Rondebosch Medical Centre.

The patients were selected from a waiting list at Groote Schuur Hospital and operations included carpal tunnel, ganglion and de Quervain’s.

The cost was estimated to be R300 780 and included theatre costs, nursing services, bed stay, medication, the surgeon and the anaesthetist.

“RMC Pharmacy carried the costs related to the operations including the anaesthetist and hospital admission of the patients.

“There were thus no costs involved for the patients or Groote Schuur Hospital,” Ntabazalila said.

Advocate Monwabisi Mabiya said during court proceedings that Moosa landed in hot water when as the director and public officer of the company, he had employed accountants who were tasked with submitting income tax returns and later employed external auditors and a new accountant.

Mabiya informed the court that there was confusion on who was responsible for submitting the returns and that Dr Moosa failed to check and confirm that the returns had been submitted.

Joint parties, the Specialised Tax Unit of the NPA and advocate Kevin Rossouw, the head of the Western Cape Specialist Tax Unit (STU) and Mabiya, agreed the case would have a better outcome than for the accused to be criminally prosecuted and sentenced.

The diversion meant that due to shortage at State funded hospitals, the prosecution would agree that Moosa completed 12 operations for free on patients on a waiting list at Groote Schuur Hospital.

Mabiya added that all taxpayers had a duty to submit their tax returns and to pay their taxes, as failing to do so harmed society as there was not enough funds to allow the government to provide services to all citizens.

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