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South Africa: Doctors' Body to Probe Legal Unit After Arrest


Business Day (Johannesburg)
 

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Business Day (Johannesburg)

16 May 2008
Posted to the web 16 May 2008

Sibongakonke Shoba
Johannesburg

THE Health Professions Council of SA (HPCSA) is investigating all cases being handled by its legal department after its legal adviser was arrested for alleged corruption.

The council's prosecutor, Gershon Mosiane, was arrested after he was allegedly caught taking a bribe from a doctor the council had found guilty of malpractice.

The council's legal services GM, Tshepo Boikanyo, said the council had started looking into cases handled by Mosiane, who had since been suspended pending an investigation.

"We have found a need to audit all matters being handled by the legal department, starting with those handled by Mosiane, to find if there was anything untoward," Boikanyo said.

Mosiane was leading the evidence in the case against plastic surgeon Dr Luke Gordon , who was charged with failure to exercise reasonable standards of care, failure to anticipate possible complications, and failure to arrange adequate, appropriate cover during an operation.

He pleaded guilty to the charges and was found guilty of nonprofessional conduct on two charges. He was suspended from practice for one year, wholly suspended for three years on condition that he may work only in a state hospital or clinic under supervision for six months.

The council ruled that a reputable plastic and reconstructive surgeon would have to report to the health committee of the HPCSA on whether Gordon was competent to practice privately and independently.

Gordon has appealed against the penalty, apparently saying that he was unduly influenced to plead guilty. Reports said he claimed he was made to believe he would get a lighter sentence and be able to continue with his practice.

His appeal is pending.

Boikanyo said after the findings against Gordon were handed down, police told the council Mosiane had been arrested.

HPCSA registrar Boyce Mkhize said Mosiane was arrested for allegedly accepting a R60000 bribe in return for him agreeing to "minimise the harm that the practitioner would be exposed to".

Mkhize said the council did not influence people's pleas.

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He said in a case where the prosecutor and the lawyers had decided on a sentence, the matter would still need to be approved by the profession's conduct committee.



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