As things stand Dr Basson was never suspended from practising - HPCSA

Mediclinic says Dr Basson is not employed by Mediclinic Southern Africa and does not have consulting rooms at their facilities.

Apartheid-era chemicals mastermind Dr Wouter Basson still practising as a medical doctor in South Africa even after his given record. According to IOL, Basson was the mastermind behind a chemical weapons project between 1980 and 1990 that manufactured suicide pills and poisonous gases for the apartheid government.

His research extended to anti-fertility drugs for ethnic cleansing.

Clement Manyathela is joined by the Health Professions Council of South Africa (HPCSA) head of the department for legal and regulatory affairs Advocate Phelelani Khumalo and Hanif Vally from the Foundation for Human Rights for reaction.

Mediclinic also commented on their relationship with Dr Basson.

In December 2013 Dr Basson was acquitted on two charges and was found guilty on the rest of the charges. During the sanction proceedings, specifically on 13 March 2015, he applied for the recusal of two members, Professor Mhlanga and Professor Hugo. That was refused by the committee.

Advocate Phelelani, Head of the department for legal and regulatory affairs - HPCSA

He then launched an application for review in the high court on 17 November 2015. The high court dismissed that application in April 2016 on technicalities that he's supposed to have exhausted internal remedies first.

Advocate Phelelani, Head of the department for legal and regulatory affairs - HPCSA

He appealed that decision of the high court, he was granted leave to appeal on 29 July 2016. He then went to the Supreme Court of Appeal, which on 18 January 2018 reviewed and set aside the decision of the high court. That decision referred the matter back to the high court to consider the matter on merit, whether or not the HPCSA committee was correct in refusing to recuse itself.

Advocate Phelelani, Head of the department for legal and regulatory affairs - HPCSA

On 27 March 2019 the high court reviewed and set aside that decision of the HPCSA committee. HPCSA then applied for leave to appeal that particular decision that said the committee was supposed to have recused itself. On 7 May 2029 application for leave to appeal was dismissed. We then petitioned the Supreme Court of Appeal and on 22 July 2019 and the Supreme Court of Appeal dismissed our application.

Advocate Phelelani, Head of the department for legal and regulatory affairs - HPCSA

We then petitioned the Constitutional Court on 5 February 2020. the Constitutional Court also dismissed our application for leave to appeal. What that meant is that the decision of the high court of 27 March 2019 that said the committee you were supposed to recuse itself and you are hereby ordered to recuse yourself stands as we speak.

Advocate Phelelani, Head of the department for legal and regulatory affairs - HPCSA

It then means that HPCSA now has to take a decision: 'Do you go back and start the proceedings afresh or you abandon the proceedings?' The HPCSA says it will prosecute the matter from the beginning. What this means therefore is that as matters stand, Dr Basson is not found guilty of anything because the HPCSA is going to start proceedings anew. He was never suspended from practising.

Advocate Phelelani, Head of the department for legal and regulatory affairs - HPCSA

Mediclinic have sent a voice note on what their reasons are for Dr Basson operating at their facilities. "By law, doctors are independent practitioners and are not employed by any of our hospital group. Dr Basson is not employed by Mediclinic Southern Africa and does not have consulting rooms at Mediclinic facilities. He consults from his own rooms where patients choose to consult him. In the interest of our patients, we must respect each of our patients' right to choose the appropriate medical professional to deliver the required treatment at the facility of the patient's choice."

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