HPSCA must protect its integrity by following through on charges against ‘Dr’ Matthew Lani

The withdrawal of charges against social media personality Matthew Lani for impersonating a medical doctor, does not mean it is the end of the matter.

This is according to attorney Isaac Moselane, who said it remains the prerogative of professional body Lani was associated with, to protect the integrity of the profession by bringing charges against him.

The charge of impersonating a doctor against Matthew Lani was withdrawn on Tuesday after the National Prosecuting Authority studied the contents of the docket and opted to not admit the matter on the roll after it found there was not enough evidence that could lead to successful prosecution.

“The problem is that the HPCSA (Health Profession Council of SA) didn’t press charges. The NPA is within its right to not press charges. Everything rests with them to protect the integrity of their profession.

You cannot be charged for lying unless you lie under oath.

—  Phindi Mjonondwwana, NPA spokesperson

“If the body you claim you belong to doesn’t act when you put them into disrepute, no-one can do anything,” said Moselane.

Lani was handed over to police for an official arrest after he was caught by a security guard entering the main entrance of the Helen Joseph Hospital.

“Lani was caught just before 8pm [on Sunday] disguised in a hoodie and wearing a surgical mask with a stethoscope around his neck. He had previously entered the same facility to curate misleading content he posted on social media under the pretence he was a qualified doctor,” said health department spokesperson Motalatale Modiba.

Lani managed to acquire 50,000 followers on his TikTok account acting as a doctor at a public hospital. Though some viewers accused him of faking his medical qualifications, Lani responded with “proof” of him being in the doctor’s changing room with his name on a locker.

He would also appear wearing a medical Covid-19 face shield and a stethoscope around his shoulders.

In other videos, Lani was seen talking about the dispatching of his drugs, which he claimed were good for belly reduction. He bragged about how he was one of the youngest people to own a pharmaceutical company.

In one particularly audacious move, Lani recorded himself on a phone call to a supposed nurse claiming to have examined a patient and decided the diagnosis was not appendicitis as originally thought but “colon cystitis”. He said the nurse should cancel the theatre appointment and that he would be at the hospital in an hour.

Moselane said the department of health was within its rights to apprehend him if he was in their facility under false pretences.

Commenting on how Lani walked off scot-free less than 48 hours after his arrest, NPA spokesperson Phindi Mjonondwane said: “We cannot say it was a rushed arrest. There are no prospects of a successful prosecution.”

Mjonondwane added that the NPA faced the dilemma of differentiating whether the accused was just a content creator or a person who misrepresented himself.

“You cannot be charged for lying unless you lie under oath,” she said.

However, Moselane is of the view that the NPA’s comment on the use of social media and its weight on the matter was premature.

“The police would not have had enough chance to investigate such a matter to make that conclusion. It was premature of them to make that statement.

“He was selling medication, you don’t need to be a doctor to sell medication [but he was using the platform to sell the products]. They should have looked at the charge and [focused] on whether there was enough evidence on the charge brought to them,” Moselane added.

It was his view that social media should still be used responsibly. Just as people own guns does not mean they should engage in illegal acts.

“Charges can still be reinstated after more evidence is provided. The withdrawal of the charges does not end the matter,” Moselane said.

Christopher Tsatsawane, HPCSA spokesperson, said they were not yet in a position to comment on the matter.

“We are engaging the department and would like to allow them to proceed with the matter until we open a case. We are still doing our own investigations,” Tsatsawane said.

The Gauteng department of health said it too had noted the outcome of the court proceedings.

“The department notes that the NPA has indicated that investigations continue around this matter and as such, the department is not in a position to fully comment on the case,” it said. 

Meanwhile, it is not just the HPCSA, the department of health or several hospitals that Lani claimed employed him were dragged into his lie. 

Wits University, where he claimed to have obtained his medical degree, Cambridge academy, which he claimed had allowed him to skip several grades, allowing him to finish matric at 16 and a Dr Sanele Zingelwa, whose identity Lani is alleged to have stolen, were also affected. 

When he was called out on social media about the non-existence of a Dr Matthew Lani on the HPSCA registry, Lani claimed that this was a pseudonym, saying his real name was Sanele Zingelwa. 

Zingelwa shared how Lani had laid certain complaints against the department, using his name. He indicated several weeks ago that he intended laying criminal charges. 

That case is still under investigation. 

Over the years, Lani has professed to be the youngest doctor in SA and has been interviewed on media platforms, where among other things, he shared his journey of living with HIV.