Q&A with HPCSA president Dr Kgosi Letlape

Are you concerned about vigilantism against doctors?

Yes, we are.

Why is it happening?

We don’t know. But we’re concerned that colleagues will become scared to practise.

Was Dr Munshi’s death a result of a failure of the system?

I don’t want to speculate on cause and effect, but where you have a trial — the criminalisation of a profession that is in the public space — and one of the accused gets gunned down, you have to be concerned.

Are you concerned about the functioning of the legal system in cases involving doctors?

We have expressed our dissatisfaction to the National Prosecuting Authority (NPA).

What are you dissatisfied about?

A professional act being dealt with as a criminal act because of an unfavourable outcome.

Do you have a problem with criminal charges against doctors?

If doctors face the prospect of being criminally charged despite acting professionally, because a life has been lost, that is a concern. Because it means that every day we are practising at our own risk even if we act with the utmost integrity and professionalism.

If a doctor messes up and someone dies, should he not be criminally charged?

If you’re saying, “If there’s an unfavourable outcome and the doctor has acted properly and professionally” …

That’s what a court needs to determine, surely?

There are provisions in the law dealing with that. The Inquest Act of 1959. We would expect that if there is a procedural death there would be an inquest. Why was the inquest route not followed?

Do you act quickly and effectively enough when you receive complaints about doctors?

That is subject to outsiders. There are processes that have to be followed. In the last few years we’ve seen continuous legalisation of the process and it is taking longer to resolve matters. But our duty is not to protect doctors, it’s to protect the public.

Did you do so in the case of [paediatric surgeon] Peter Beale?

We acted in accordance with what is expected of us.

Is it true that two other children died after he operated on them?

 Not that I’m aware of.

The families were not happy with the response of the council.

 All I can inform you of is that my duty is to ensure that complaints are dealt with urgently.

Should doctors with that kind of track record still be operating?

There’s a defined process of getting practitioners to account for such matters. It depends on the facts.

Can you see why families might feel their only option is to lay a criminal charge?

We’re not saying they have no right to lay criminal complaints. We’re saying there is prescription in law in terms of how such matters, where there is a procedural death, should be handled. We’re asking the NPA why those provisions in our law were not used. We are baffled that a matter that was screaming “inquest, inquest” was not handled in that manner.