Pretoria - The South African Medical Association (Sama) is set to file urgent court papers of contempt against Limpopo health MEC Dr Phophi Ramathuba and her department regarding a long-standing legal dispute.
The long legal battle involves suspended senior clinical manager Dr Daniel Sithole of Warmbaths Hospital in Bela Bela and the health department.
The association claims Sithole has been suspended for almost three years from his role after unsubstantiated allegations of misconduct against him.
Speaking to the Pretoria News yesterday, Sama spokesperson Mvuyisi Mzukwa said their lawyers were preparing court papers to hold Ramathuba in contempt of court, after the Limpopo High Court earlier this month ruled that Sithole’s suspension be lifted and he be allowed to go back to work.
Mzukwa said: “When Dr Sithole was suspended, an internal task team appointed by the employer did not find any veracity in the allegations of misconduct.
“Following yet more legal proceedings earlier this month, the Limpopo High Court on Wednesday, May 25, ruled that his suspension be lifted and that he be allowed to return to work.”
According to Mzukwa the judgment stated: “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 Resolution 1 of 2003."
However, Mzukwa says when Sithole returned to work on Friday last week, he was barred from entering the premises and was handcuffed outside the hospital by officials. The incident was recorded and circulated on social media.
“The reason for him being handcuffed remains unclear. 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 when the court papers are ready.
“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,” said Mzukwa.
Department of Health spokesperson Neil Shikwambana refused to comment on the matter, saying it was sub judice.
He said: “The department can’t express itself in the media about issues which will be ventilated in court. For now, our interaction with the matter will be contained in the papers which will be presented before court.”
Pretoria News