Cape Town - A Khayelitsha GP GP can continue treating patients, for now, after a Western Cape High Court judge suspended a six-month suspension imposed on her by the Professional Board for Medical and Dental Professions (PBMDP) professional conduct committee.
Judge Elizabeth Baartman suspended the penalty imposed by the committee pending finalisation of a pending internal appeal proceedings and reconsideration of the six months’ suspension that has been imposed.
Dr Vuyelwa Nongogo, who practises as a general practitioner in Khayelitsha, had been charged with 11 counts of unprofessional conduct at the PBMDP, which falls under the Health Professions Council of South Africa (HPCSA).
She has already served half of the period of suspension.
An urgent application Nongogo brought to the high court said that on February 17, last year she was legally represented when she appeared at a pretrial hearing.
After the pre-trial hearing the matter was struck off the roll and re-enrolled, but on December 1, last year, her lawyer informed the disciplinary panel that Nongogo had been booked off sick.
The matter was postponed to April 5 this year, when her lawyer presented a second medical certificate showing she had flu and a lower respiratory infection and that pneumonia isolation for seven days was required.
The committee agreed to postpone the matter to June 22 and 23. However, on June 22, Nongogo appeared in person and requested a postponement to obtain legal representation as due to financial constraints she could no longer afford her previous legal representative.
The committee refused the application and proceeded in her absence and on July 14, Nongogo was told she had been convicted on six of the 11 counts and sentenced to six months’ suspension.
Nongogo filed a notice of appeal against her conviction and sentence in terms of the relevant statutory provisions. However, the PBMDP objected and argued that the notice of appeal did not suspend the operation of the sentence.
As such Nongogo was threatened with criminal sanction should she practise as a medical doctor during the period of suspension.
In her application, Nongogo said that her practice would be dormant for the period of suspension but that she would still be liable for the substantial monthly expenses in respect of the business.
She argued that she has a dependent minor granddaughter and incurs monthly expenses in respect of her education and other needs.