Medical credentials shake-up

THE Health Professions Council of South Africa, the statutory body regulating the country’s healthcare profession, was at the receiving end of a landmark court ruling recently.

The council in recent years has been accused of “frustrating” and deliberately blocking the integration of South African doctors who trained at overseas institutions into the local medical fraternity.

Dr Kimira Rugnath and 93 others brought a class action lawsuit against the council in which its medical and dental professional board and the minister of health were respondents.

The doctors are affiliated with the South African Internationally Trained Health Professionals’ Association, the organisation that led their fight for reintegration into the local health system. Judge Brenda Neukircher handed down judgment in the matter in the Pretoria High Court two weeks ago.

According to the applicants, some of the council’s rules and regulations were stumbling blocks to their registration as medical practitioners in South Africa.

After registering with the council and its medical and dental professional board, they were required to pass a board exam for eligibility to secure internships at medical facilities and complete their community service before they could practise medicine.

The applicants were aggrieved by the council’s protracted processes.

The foreign-trained doctors’ association had previously raised these matters with the Office of the Public Protector.

Judge Neukircher ordered that the requirement that candidates repeat the entire process of writing board exams should they fail the practical component be reviewed and set aside.

Accordingly, the judge held that that ruling should become effective immediately for all applicants who had been asked to write their theory papers this month.

The respondents were ordered to honour the public protector’s decision to make available information requested by applicants in this matter and others who make similar requests in future.

They were also instructed to enrol all 94 applicants in this matter for their respective theory or practical exams.

Advocate Rene Govender, the foreign-trained doctors’ association’s legal desk chairperson, said the ruling was “unprecedented”.

“We have tackled a number of hindrances delaying our members attempting the board examinations, and the court has ruled in our favour on all issues.

“It is unfortunate the success of the action has been marred by the (council’s) refusal to provide our members with copies of their examination assessment records, according to the order.”

Govender said they would proceed with contempt proceedings.

Dr Geremie Nayager, also an affected person, said he was happy because the order would ensure that foreign-trained graduates would be able to get into the system.

Nayager said he had confidence in their legal team, but was concerned that it had been required to go the legal route to have proper board examination processes put in place.

“The (council) does not realise the damage they are doing to our already crippled healthcare system,” Nayager said.

Dr Pranav Singh said the court outcome provided relief to many.

“This victory is a life-changing one, on the basis that doctors who have studied abroad will now get a fair opportunity to write the exam,” he said.

Singh, who studied in Mauritius, and had to overcome many obstacles before he was able to write the board exams, said all they wanted was “a fair opportunity”.

Christopher Tsatsawane, the council’s head of corporate affairs, said he would provide a response tomorrow.