SAMA to file contempt of court papers against Limpopo Health MEC on Monday
The South African Medical Association (SAMA) will on Monday (SUBS:: 6 June) file urgent papers with the Limpopo High Court of contempt of court against the Acting CEO of Warmbaths Hospital, the provincial Head of Department and MEC for Health, Dr Phophi Ramathuba. The action stems from an ongoing legal battle between SAMA member Dr Daniel Sithole, and the provincial Department of Health. Dr Sithole has been suspended for almost three years from his role as Senior Clinical Manager at Warmbaths Hospital following unsubstantiated allegations of misconduct against him. In fact, at the time, an internal task team appointed by the employer didn’t find any veracity in the allegations of misconduct. Following yet more legal proceedings earlier this month, the Limpopo High Court on Wednesday, 25 May, ruled that his suspension be lifted and that he be allowed to return to work. Judge MG Phatudi’s ruling noted, "The continued suspension of the Applicant (Dr Sithole) by the First Respondent (MEC Ramathuba) and/or its officials is herewith declared invalid and is set aside. The First Respondent and/or any official acting under the auspice and authority of the First Respondent, is herewith barred from suspending the Applicant without following the procedures as laid down in the Public Service Co-Ordinating Bargaining Council (PSCBC) Resolution 1 of 2003." However, when Dr Sithole returned to work on Friday, 3 June, he was barred from entering the premises and was handcuffed outside the hospital by officials. The reason for him being handcuffed remains unclear. (A video of the egregious incident has been circulating on social media). SAMA views the actions against Dr Sithole as aggressive, shameful, and illegal. It believes the MEC and other officials from Warmbaths Hospital and the provincial Department of Health have clearly acted in contempt of the court order by Judge Phatudi. It will, therefore, seek urgent relief in the matter on Monday. The association believes the actions against Dr Sithole are another indication of the poor state of health management in Limpopo. It notes that the MEC and provincial health authorities clearly have no regard for the rule of law nor any respect for the judiciary. It says while it is assisting Dr Sithole in this specific case, the matter has taken on wider ramifications for all doctors who are mistreated by provincial health authorities. Dr Sithole is a senior, respected clinician who only wants to do his job and serve his patients. SAMA will continue to inform its members and the public as developments in this matter unfold. [ENDS] Notes to Editors About SAMA The South African Medical Association was formally constituted on 21 May 1998 as a unification of a variety of doctors’ groups that had represented a diversity of interests. SAMA is a non-statutory, professional association for public, and private sector medical practitioners. SAMA is a voluntary membership association, existing to serve the best interests and needs of its members in any and all healthcare related matters. Contact: SAMA CEO Dr Vusumuzi Nhlapho 079 033 8330 Email: vusumuzin@samedical.org Spokesperson 1 Chairperson: SAMA Dr M Mzukwa 076 382 8152 Email: mzukwam@gmail.com Spokesperson 2 Vice-Chairperson: SAMA Dr Edward Ngwenya Email:ngwenyare@gmail.com
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