SA Ex-Minister Dr Phophi Ramathuba Who Harassed Sick Zimbabwean Patient Loses High Court Case Over Unprofessional Conduct

SA Ex-Minister Loses High Court Case Over Zimbabwean Patient Scandal

Former South African Health MEC Phophi Ramathuba has lost a High Court bid to block an inquiry into allegations of unprofessional conduct. The Gauteng High Court ruled that the Health Professions Council of South Africa (HPCSA) has the jurisdiction to investigate her controversial remarks to a Zimbabwean patient, made in August 2022,  which the council deemed “unprofessional”.

In South Africa, a “Member of the Executive Council”, commonly abbreviated to “MEC”, is the equivalent of a provincial minister.

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Controversial Comments

Ramathuba, visiting Bela Bela Hospital in her capacity as Limpopo Health MEC, confronted a Zimbabwean patient who was awaiting surgery. Her remarks, captured on video, included:

“You speak Shona, how do you find yourself in Bela Bela Hospital when you are supposed to be with Mnangagwa? You know he doesn’t give me money to operate on you? I am operating on you with my limited budget. You are killing my health system.”

She further said:

“You are not even registered anyway, you are not counted. You are even illegal and you are abusing me. This is unfair.”

The remarks, made in front of other patients and staff, sparked outrage and were criticized for their perceived lack of professionalism.

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Court’s Findings

Judge Anthony Millar dismissed Ramathuba’s argument that her actions were political and not subject to HPCSA oversight. According to Zimlive, he stated:

“There is no distinction between the different offices a person holds and their conduct. The applicant was registered as a medical practitioner and remains subject to the HPCSA’s jurisdiction. If she wanted to avoid this, she could have deregistered.”

He called her claim of separate roles “contrived and self-serving.”

Opposition Party’s Reaction

The Economic Freedom Fighters (EFF), South Africa’s opposition party, condemned Ramathuba’s remarks in 2022, describing them as inhumane and unethical.

“Her entire ill-informed and inhumane performance and address to a sick patient awaiting surgery is inconsistent with all universal standards of patient confidentiality and dignity,” the EFF stated.

The party further criticised her actions as a violation of healthcare ethics.

“Why even address people in their dying bed about budgets and political limitations of healthcare? Why reject their applications for surgical operations by addressing them as a group in front of cameras and other people? Where is patient confidentiality and dignity?”

The EFF called for the immediate revocation of her medical licence and her dismissal as MEC, adding:

“Our country cannot be led, at any level, by anyone who will not respect the dignity of African people. The MEC is a direct danger to our humanity as a people and the basic requirements of conduct for a health professional.”

Divided Opinions

While critics like the EFF have lambasted Ramathuba’s actions, her political party, the ANC in Limpopo, has defended her. ANC Limpopo spokesperson Jimmy Machaka said:

“It is our belief there is nothing wrong about the statement she made. The statement was made in her political capacity as Health MEC and should not have been subjected to HPCSA inquiry.”

The HPCSA inquiry is now set to proceed, potentially deciding Ramathuba’s professional future.