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Dr Mokhua to know his fate from HPCSA on June 4

by lloyd last modified 2013-06-03 10:45

31 May 2013

Dr Patrick B. Mokhua (39) of Hartswater in the Northern Cape Province is to appear in the Pretoria Specialised Commercial Crime Court on 4 June 2013 for defrauding the Department of Labour’s (DoL) Compensation Fund (CF) of R479, 716.49.

Mokhua faces charges of fraud. He has not pleaded guilty and is out on a bail of R3000.

Meanwhile, Dr Mokhua faces more disciplinary woes. His fate is expected to be sealed on (4 June 2013) when he appears before the Professional Conduct Committee of the Health Professions Council of South Africa (HPCSA) in Pretoria.

Dr Mokhua (the respondent) was charged by the HPCSA, after he allegedly received “illegal” payments from the Department of Labour’s Compensation Fund of R479 716.49 for professional services rendered whilst he knew and/or ought to have known that no professional services were rendered.

In the closing arguments the HPCSA representative stated that the respondent made the said admissions in writing.

On 13 April 2013 the HPCSA held a disciplinary hearing and the HPCSA representative said: “That you (Mokhua) are guilty of unprofessional conduct or conduct which, when regard is had (sic) to your profession, is unprofessional, in that during the period September 2009 you and/or your practice acted in a manner that is not in accordance with the norms and standards of your profession in that you and/or your practice were claimed and/or were paid R476 716.49 by the Compensation Fund of the Department of Labour for professional services rendered whilst: you knew and/or ought to have known that no professional services were rendered”.

According to HPCSA representative: “The admission constitute sufficient proof of the facts in dispute”.

The HPCSA representative said the respondent closed his case without testifying in his defence, despite the fact that there was a case to answer.

“Payment to the respondent was made without any legal basis in that no professional services were rendered.

“It will be against the public policy to allow a practitioner to receive money and keep it when he knew that he is not entitled to it,” the HPCSA representative on the matter said.

The HPCSA representative concluded his argument by saying that simple justice requires that where assets belonging to another have been transferred to the enriched party without legal grounds such as assets cannot pass to the enriched party.

It is, therefore, submitted that the pro forma complainant has proved his case on balance of probabilities, and that the respondent must be found guilty as charged, that is the argument of  the HPCSA representative during the hearing.

Issued by Department of Labour:

Departmental Spokesman

Page Boikanyo

083 809 3195

Or for more information contact:

Twana Makubela

Compensation Fund Risk Manager

078 178 0074


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