Man denied bail after being arrested twice for impersonating doctor

After being arrested for impersonating a doctor, a 65-year-old man who was removed from the Health Professions Council of South Africa (HPCSA) register almost 10 years ago has lost his bail application.

The Western Cape High Court last week noted there was a high chance if released on bail he’d commit further offences and might evade his trial.

In 2018, a Western Cape law enforcement operation targeting unregistered doctors led to the arrest of Rasheed Mahfouz. He pleaded guilty to fraud and was sentenced to five years' imprisonment suspended on condition he was not found guilty of fraud in the next five years.

Last week, judge James Lekhuleni said this is important because Mahfouz now faces “similar charges he faced five years ago”.

Earlier this year, the HPCSA received information Mahfouz was practising as a doctor in Philippi, Cape Town. In a joint operation with police, the HPCSA went to his office. Mahfouz allegedly invited them into his consultation room.

Upon being informed they were HPCSA inspectors, Mahfouz said he was “the administrator at the practice”.

Usually, when patients arrived, he would call the doctor who ran the practice.

However, when the inspectors asked him to call the doctor to confirm this, Mahfouz “did not comply” and “admitted to seeing patients in the capacity as doctor”, said Lekhuleni.

The inspectors obtained further documentation that allegedly indicated he saw patients and issued medical certificates.

After being arrested and held at Philippi police station, one of the officers testified Mahfouz allegedly tried to bribe a colleague to destroy the police docket. Mahfouz denied this, saying he asked the officer to write down a phone number.

Mahfouz was taken before a magistrate for bail. The magistrate refused to grant him bail, believing he “would endanger the public's safety”, evade trial and conceal or destroy evidence”.

Mahfouz appealed in the high court, arguing there was no evidence he would commit an offence such as fraud again. The state’s case was “weak”, he said.  

Mahfouz gave assurances he would remain in place, even under house arrest.

“The presumption of innocence operates in favour of an applicant for bail,” Lekhuleni said.

“However, where a person will be a danger to others or to the administration of justice, the court would be fully justified in refusing ... bail.”

The state opposed bail, saying he was likely to repeat the offence, given he had done so five years ago. Lekhuleni agreed, adding: “If [Mahfouz] is released on bail he will stealthily continue his practice as an unregistered doctor and this will endanger the safety of the public.”

Further, the possible sentences he now faces are more “severe”, giving Mahfouz good reason to “evade his trial”. 

Lekhuleni dismissed Mahfouz's appeal and he remains behind bars until his criminal trial.

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