Medical aid: Badul wins

2010-02-27 00:00

THE South African Police Service medical aid scheme, Polmed, must pay the medical costs incurred by former Pietermaritzburg police director Hariram Badul from the time he was suspended until at least January 29 — the date on which he was served with a notice of dismissal.

This is the effect of the order handed down yesterday by Acting Judge Nkosinathi Chili in the high court, but there is still confusion about whether KwaZulu-Natal’s SAPS provincial commissioner, Betty Ngobeni, was entitled to fire Badul two days before he retired on January 31.

This is because Chili did not refer to Badul’s dismissal in his judgment, or deal with an application brought on Badul’s behalf that asked for a declaratory order in that regard.

The judge also ruled that Polmed and the Police minister are jointly responsible for the legal costs.

Badul (60) is under investigation for alleged fraud and theft. He served in the SAPS for 41 years, and was Mountain Rise station commissioner until last year.

Members of the Badul family at court yesterday said they will seek legal advice on the way forward, after studying a written copy of the judgment.

They expressed relief that Polmed was ordered to pay Badul’s bills for the period that he was suspended. Large sums of money have already been paid by family members.

In her affidavit, Badul’s daughter, Chantal, said the balance of Badul’s account at St Anne’s hospital on January 28 (after payments of R118 000) was R188 941.

Chili rejected submissions by Polmed and the minister that the high court in Pietermaritzburg does not have jurisdiction to grant an order against Polmed because the scheme’s head office is in Pretoria.

He agreed with submissions by Rob Seggie SC that Badul received treatment at St Anne’s, which is within the jurisdiction of the court.

He also said that a letter sent by Ngobeni to Badul’s lawyers on December 4 last year would have quelled any doubts in Badul’s mind that his medical bills would be met by Polmed.

The letter — which was later said to be a mistake — advised Badul that it would be in his best interests to make arrangements to pay contributions to Polmed to retain his medical cover.

Chili ruled that in these circumstances, Badul had no reason to go to a state hospital rather than a private one.

Join the conversation! encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions. publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24

Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.