/ 3 September 2002

Health Council raps doctor

The Health Professional Council of South Africa (HPCSA) has urged the police to ”act swiftly” against the Limpopo doctor who allegedly refused to treat a five-year-old rape victim unless given assurance the case would not be reported to the police.

The Mail & Guardian reported last week the doctor, Zolelwa Magwentshu, who runs a private clinic in Venda near Polokwane, was under fire from rape activists for her ”unethical behaviour” and for operating without proper registration for the past two years.

The HPCSA, which regulates the medical profession, now says it has referred Magwentshu to the police for practising illegally. The HPCSA vowed to report the matter to the Independent Complaints Directorate, the police watchdog, if the police fail to take action against Magwentshu.

Last week Limpopo police confirmed they are investigating Magwentshu for allegedly concealing the child’s rape and for operating without proper registration for the past two years. But rape activists attached to the Thohoyandou Victim Empowerment Programme (TVEP) have complained about the police’s ”apparent reluctance” to act against Magwentshu.

They insist Magwentshu should be prosecuted and the HPCSA should strike her off the medical register. Last week Magwentshu maintained she had done nothing wrong. She said the HPCSA had deregistered her for non-payment, but maintained it was not ”illegal” for her to practise as a doctor.

But the HPCSA disagrees. In a letter to TVEP spokesperson Fiona Nicholson last week the HPCSA said Magwentshu practised illegally and should be prosecuted for ”contravention of legislation governing her profession”.

HPCSA’s legal services officer J Makgolane said the fact that Magwentshu’s name was reinstated in the HPCSA register — after she paid — does not ”exonerate her from the contraventions which were committed while not registered with the HPCSA”.