President of the Health Professional Council of South Africa (HPCSA) Prof Simon Mbulaheni Nemutandani has been cautioned for unprofessional conduct, which amounted to contravening the conditions of his appointment.
This follows a complaint by the National Education, Health and Allied Workers’ Union (Nehawu) that Nemutandani claimed nearly R1-million for professional work performed for the HPCSA.
The union argued that the exorbitant claim amounted to “irregular and unfruitful expenditure”.
In the complaint we have seen on July 1 last year, the union also accused Nemutandani of unlawfully appointing a firm of attorneys despite not having the authority to do so.
The union said Nemutandani allegedly made claims and allowances for attending committee, board and council meetings in defiance of the minister of health’s directive and in contravention of the national treasury directive.
He was also accused of failing to cooperate with the HPCSA’s investigators.
HPCSA head of complaints and investigation Joyce Mabasa responded in a letter to Nehawu on May 17 that the committee had resolved there was evidence of unprofessional conduct against Nemutandani.
Mabasa said that they would, as a penalty, caution Nemutandani, stating that his conduct for claiming professional fees had contravened conditions of his appointment.
In terms of allegations that he failed to declare his other financial interests or other sources of income to the HPCSA, Mabasa indicated that Nehawu had failed to provide sufficient evidence.
Mabasa also defended Nemutandani on allegations of appointing the lawyers, which the union claimed he was not mandated to do, saying as the HPCSA committee member, he acted within his rights.
Nehawu secretary Nkhensane Mabasa said the union was unhappy with the HPCSA’s verdict that exonerated Nemutandani, saying they have taken up the matter with Health Minister Dr Joe Phaahla, speaker of parliament and the portfolio committee on health and the standing committee on public accounts.
In the letter sent to the minister on Tuesday, the union demanded that Phaahla, who appointed Nemutandani in 2020, should account to parliament and explain when he would suspend or terminate Nemutandani’s HPCSA membership for allegedly claiming R900 000 while participating in activities of the council, including appointing a law firm to render legal services to the organisation.
Nehawu also stated in its letter that it had reported Nemutandani’s conduct to Phaahla on September 5, 2021, and that the minister had failed dismally to entertain its complaint after compiling and submitting its report to him.
“The minister of health failed to act on this investigation report. We have asked for an investigation report in this regard and our request was refused by the HPCSA.
“We call for parliament to demand that it be provided with this investigation report,” Nehawu said.
HPCSA spokesperson Christopher Tsatsawane said: “Speak to the ministry of health to comment because they are the right structure to assist you on this matter.”
The spokesperson for the department of health Doctor Tshwale said: “The Minister did receive a letter. The HPCSA has its own finance policy and if Prof Nemutandani has breached these policies then the HPCSA must take the necessary action. The minister takes investigation report findings seriously, but he will not rush to make his decision. The allegations against Prof Nemutandani must be
tested and he must be given an opportunity to respond to the allegations. The minister can then make a decision about the action he would take against Prof Nemutandani.”
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