An Eastern Cape doctor who was fired for misconduct is in limbo as he is unable to work in another province due to his persal number being blocked. The country’s medical body stepped in and tried to help. It approached the labour court to force the health MEC to unblock his persal number. However, the case was dismissed by the labour court, with costs.
The labour court sitting in Gqeberha, Eastern Cape, dismissed the South African Medical Association’s (SAMA) application to unblock their member’s persal number.
This follows the dismissal of medical doctor Georges Banga-Bantu Ntumba, who worked at the Taylor Bequest Hospital in Matatiele, in March 2021.
Dismissed for misconduct, negligence
Ntumba was dismissed on charges of misconduct related to negligence. This included the handling and diagnosis of patients. Also breach of overtime policies and providing fraudulent medical certificates to the department.
The court revealed that Ntumba was found guilty on three charges. However, he had pleaded guilty to four charges and subsequently dismissed by the department.
In order to obtain an order compelling the second respondent, health MEC Nomakhosazana Meth, to unblock his persal number and to consider and report the outcome of the appeal of the decision to dismiss him from the Department of Health, SAMA, on behalf of Ntumba, approached the court.
Appealed dismissal, then resigned
Ntumba filed an appeal in March 2021, but that same month, he also submitted a letter of resignation from his position. This was effective immediately, before the appeal hearing could take place, the court shared.
The department informed him that, as a result of his resignation, the basis for his termination will be documented as wrongdoing on the part of the employer.
The court said that Ntumba later applied for a position in Gauteng. But his application was unsuccessful because of his banned persal number.
Judge Edwin Tlhotlhalemaje of the labour court confirmed the matter. He said the applicants contended that as at June 22 2022, Dr Ntumba’s persal number remained blocked. This as verified with Gauteng Treasury. He also confirmed that the blockage remained. This despite attempts to get the respondents’ assistance or that of the Gauteng health department.
Case dismissed with costs
“The respondents have consistently maintained that only the Department of National Treasury and the DPSA are responsible for unblocking the persal number. [DPSA being Department of Public Service and administration].
“It is common knowledge that the National Treasury implemented the persal system. [Therefore it] is responsible for the expenditure related to its maintenance, training, and support,” said the judge.
In his order, judge Tlhotlhalemaje dismissed the application and said the party is to pay its own costs.
