While the Health Department seeks to pursue mediation in the settlement of medico-legal claims, Minister Aaron Motsoaledi has revealed that only 23 officials have been trained in mediation across the country.
Motsoaledi said his department has facilitated the training of officials from both national and various provincial departments.
“There were 18 officials who were trained in this regard and five of those officials were from the National Department of Health.
“Some of these officials are no longer in the employ of the NDoH and Provincial Departments of Health,” he said.
The minister was responding to parliamentary questions from DA MP Michele Clarke.
In September, Motsoaledi told Parliament that his department wanted mediation officers to settle litigation cases out of court.
This was to follow in the footsteps of countries like China, which despite their huge populations have fewer cases heard in court because most of their litigation cases were mediated.
Motsoaledi’s written response showed that provinces that trained officials were Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Mpumalanga, Northern Cape and North West.
He said no officials were trained in mediation for medico-legal claims in Limpopo.
“There are currently 41 officials who are attending a foundation course on medico-legal claim, which has one of the modules.”
Motsoaledi also said no number of officials has been provided by the Western Cape.
“The province indicated that several facility CEOs and managers, within the Western Cape Government Health and Wellness Department, have attended mediation courses.”
Motsoaledi said a total of 87 medico-legal claims valued at R134 million have been mediated in Gauteng and 16 others worth R4.6m in Mpumalanga.
Meanwhile, the national department has re-advertised the tender for companies to assist with management of medico-legal claims after a previous contract expired in 2022.
The National Health Council approved a medico-legal transversal tender implementation plan, which resulted in the tender being advertised in September.
“The heads of departments of all the provincial Departments of Health with the exception of the Western Cape, which indicated that they are not participating in the transversal tender, were requested to release their heads of legal services or medico-legal units to participate in the bid evaluation,” Motsoaledi said.
He said 52 bids were received and four were disqualified due to the non-attendance of the compulsory briefing session.
In its expired tender, contracted companies were used to contact law firms that submitted claims and ask for further information only for the claims to be withdrawn.
The department did not renew the previous contract despite hoping to develop internal capacity.
Asked about the R72m allocated by the National Treasury in 2019 to deal with medico-claims, Motsoaledi said a total of 58 claims were identified as potential fraudulent claims by three service providers, Norton Rose, CAJV and Integrated Forensic Accounting Services.
“The matters have not yet been finalised by the courts.”
He also said none of the claims that have been identified as fraudulent have been referred to the police and the National Prosecuting Authority.
“Since the signing of the national proclamation by the President, the forensic reports from the service providers appointed by the department have been provided to the Special Investigating Unit to form the basis of their investigations.
“The SIU has already visited the National Department of Health and some of the provinces.
“The SIU will take investigations further and make their findings and recommendations,” Motsoaledi said.
Cape Times