NPA moves to reassure concerned medical practitioners after Dr Munshi murder
NPA moves to reassure concerned medical practitioners after Dr Munshi murder
By ANA Reporter
Sep 19, 2020
Pretoria - Medical practitioners carrying out their duties within the confines of the law do not have to fear criminal prosecution, the National Prosecuting Authority (NPA) in Gauteng said on Saturday.
The NPA was responding to media reports regarding concerns raised by medical practitioners about the culpable homicide prosecution of Johannesburg anaesthetist Dr Abdulhay Munshi and paediatric surgeon Professor Peter Beale after they were blamed for the death of 10-year-old Zayyaan Sayed following a routine laparoscopic operation at the Netcare Park Lane Hospital in October last year.
Munshi was shot dead in an apparent hit while he was driving in Orange Grove in Johannesburg on Wednesday afternoon. According to media reports, the charges were about to be dropped based on post-mortem evidence.
In its statement on Saturday, the NPA said that if it appeared that a medical practitioner may have acted in a manner that resulted in the negligent loss of life, the NPA was duty bound to take action with the aim of deciding whether or not criminal proceedings should be instituted against the practitioner.
"Subsequent to a criminal charge of medical negligence laid by the father of the deceased boy Zayyan Sayed in October 2019, the NPA, guided by section 179(2) of the Constitution of South Africa which empowers the NPA to institute criminal proceedings on behalf of the State and to carry out any necessary functions incidental to instituting criminal proceedings, enrolled a case of culpable homicide against two medical practitioners, namely Doctor Peter Beale and Doctor Abdulhay Munshi. This after assessing the case docket and establishing that there were reasonable prospects of a successful prosecution (a prima facie case)," the NPA said.
The decision to prosecute Beale and Munshi meant that there was no need to refer the matter for an inquest hearing. Section 59(1) and 59(2) of the Inquest Act provided that an inquest would be conducted in instances where criminal proceedings were not instituted and where a death had occurred and that such death was a result of unnatural causes.
“In this instance, the latter was not applicable. Furthermore, the NPA reiterates that the rights to equality before the law applies to every citizen within the borders of South Africa. It is therefore our view that if medical practitioners, in the execution of their duties, act within the confines of the law, then they do not have to fear criminal prosecution.
"Lastly, as per standard procedure, the prosecution will await to be furnished with the copy of the death certificate for Dr Munshi so that charges against him can be formally withdrawn in court. The case against Dr Beale continues and will be back in court on 16 November 2020," the NPA said.
- African News Agency (ANA), editing by Jacques Keet
Response:
Finally a new NPA statement from a new spokesperson to dissect (as medical doctors practicing within South African borders )...besides the “Prima Facie” evidence statement that was used during the initial outcry in December 2019.
It would have been a bit easier to swallow if they offered the family and the entire medical fraternity condolences, one profession to another.
We have some critical research to do, because it is not very easy to interpret by a non legally trained person, and I would not want to make assumptions and look incompetent.
?The headline?
Who, how and when do non medically trained citizens decide that a citizen who is a medically trained is within the law?
(?Without waiting for the medical procedural inquest to complete or Hpcsa to guide?)
What is the inquest?
The inquest act section 3 of South Africa:
(1) Subject to the provisions of any other law providing for an investigation of the circumstances of any death, any policeman who bas reason to believe that any person has died and that such person has died from other than natural causes, shall investigate or cause to be investigated the circumstances of the death or alleged death.
(2) If the body of such person is available, any magistrate to whom the death is reported shall,
if
he deems it expedient in the interests of justice, cause it to be examined by the
district surgeon or any other Medical practitioner
who may,
if
he deems it necessary for the purpose of ascertaining with greater certainty the cause of death, make or cause to be made an examination of any internal organ or any part or any of the contents of the body, or of any other substance or thing.
“So basically the NPA did not need to #dropitandwait for the above information to get help with their decision, they took 41 days to act and yet one year on, give or take time off for a pandemic (working from home while doctors kept on working) need more time to make the case that ALL citizens (doctors, families , journalists etc etc) need to hear urgently? ”#BeforeItIsTooLate
Thank you for the statement but it is not very clear or comforting, but I am sure it will become clearer in November which is after one year.
#itistoolate
The statement quotes the follwing act from the South African constitution:
Act 179(2)
2. The prosecuting authority has the power to institute criminal proceedings on behalf of the state, and to carry out any necessary functions incidental to instituting criminal proceedings.
3. National legislation must ensure that the Directors of Public Prosecutions
a. are appropriately qualified; and
b. are responsible for prosecutions in specific jurisdictions, subject to subsection (5).
4. National legislation must ensure that the prosecuting authority exercises its functions without fear, favour or prejudice.
And one more small thing on Point 4.
Can the NPA please explain this:
https://m.youtube.com/watch?feature=youtu.be&v=EW2Nee1VzRc
Then again I am not Legally trained please forgive me if I have made legal assumptions, I used google.
Some legally trained citizens did ask?
They did not use goggle.
Need for urgent South Africans NPA guidelines: Criminal charges related to medical negligence
Source.
https://www.facebook.com/groups/92643598408/permalink/10157962936418409/