Health24 can confirm that Professor Tim Noakes is gearing up for a showdown with the Health Professionals Council of South Africa (HPCSA), following an embarrassing press bungle declaring him guilty of misconduct.
Alleged unprofessional conduct
It is not the first time that the HPCSA, which is charged with maintaining excellent standards of ethical and professional practice, is mired in controversy.
In what can be described as one of the most closely watched HPCSA hearings yet, Noakes appeared before the council's professional conduct committee over an alleged case of unprofessional conduct.
However, even before the case was fully wrapped up, the HPCSA media team issued a press release in October stating that Noakes was guilty of unprofessional conduct.
The council moved quickly to retract the statement and apologised to Noakes over the incident, but he isn't taking it lightly.
No explanation for blunder
"We have consulted and have resolved to take action," Noakes' lawyer Adam Pike confirmed to Health24.
"The timing and the nature of the action is still the subject matter of discussions," he explained.
Alarmingly, the HPCSA has not been in touch with Noakes or his legal team to explain how the mistake occurred.
Health24 contacted the council, and after being stalled for 10 days, was informed that they were not prepared to comment on the matter.
"The HPCSA cannot provide comment at this stage", said communications manager Priscilla Sekhonyana.
When asked if the press mistake may cast doubt over the hearing process, Pike said it is important to distinguish the HPCSA from the team hearing the charge.
"One should bear in mind that the professional conduct committee is composed of practitioners and members of the public who are not employees or officers of the HPCSA. They are independent of the HPCSA. For that reason, the actions of the HPCSA should not be understood to emanate from the professional conduct committee."
Poor opinion of HPCSA
In fact, realising the seriousness of the HPCSA's media error, the head of the professional conduct committee, advocate Joan Adams, quickly distanced herself from the statement.
"We are of the firm view that the members of the committee are individuals of integrity," said Pike. "We are confident that they will discharge their adjudicative duties independently, in good faith and in a dispassionate manner."
He, however, did not have the same positive opinion of the HPCSA, which has for years been dogged by several complaints.
"Unfortunately, the same cannot be said of the conduct of the HPCSA. The fact that it saw fit to even prepare a press release to the effect that Prof Noakes is guilty is disturbing."
If Noakes is found guilty of unprofessional conduct the committee will impose an appropriate penalty after listening to mitigating and aggravating circumstances.
Judgement expected In April 2017
According to Section 42 of the HPCS Act, the penalties that may be imposed include: a caution or a reprimand or both, a fine, a suspension, payment of the costs of the proceedings or restitution or both.
If the committee finds Noakes not guilty, the matter will be regarded as finalised.
Judgment on the matter is expected to be made on April 21, 2017.
The HPCSA was probed last year over complaints ranging from allegations of administrative irregularities, poor governance and inefficiency to tender corruption.
A scathing 90-page report found that the HPCSA was filled with unfit management who violated a string of procedures and failed to provide leadership.
It recommended that disciplinary action be taken against the chief executive officer, chief operating officer and head of legal services, and that the body be unbundled.
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