HPCSA CEO loses court bid to overturn his suspension

Health Professions Council of SA (HPCSA) CEO and registrar David Motau has lost a court bid to overturn his suspension.

In August 2021 then acting health minister Mmamoloko Kubayi-Ngubane placed Motau on precautionary suspension after allegations of fraud and corruption emerged against him.

The charges stem from his tenure as head of the Free State health department.

He is accused of contravening the Public Finance Management Act (PFMA) and was released on R5,000 bail after appearing in the Bloemfontein magistrate’s court that month.

“It is alleged that during the course of the regulatory audit in the department of health, the audit team from the auditor-general requested information on certain payments to service providers and subsequently queried the procurement processes that were followed,” said Hawks spokesperson Capt Christopher Singo.

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“As a result, an internal investigation followed whereby it was discovered that false or forged ‘requests for payment advices’ were submitted during the period of January 2011 to December 2015 for payments with regards to the service providers.”

Motau initially approached the Pretoria high court on an urgent basis to challenge his suspension. The court dismissed the urgency of the application and it was heard later.

He argued that his suspension was irrational as he was not aware he was under investigation and would face criminal charges.

The court found the acting minister had followed all procedures, in line with the provisions of the law when Motau was suspended on full pay and benefits, and he had suffered no prejudice.

“I am satisfied that there has been compliance with the provisions of the law in the first respondent’s [acting health minister] exercise of her statutory power and that the need to do so had arisen,” judge Mandla Mbongwe found in a March 15 judgment.

“The applicant’s [Motau] contention that the decision of the first respondent is irrational is not supported by the facts. Consequently, the application ought to fail.”