Jubilation as judge orders Medical and Dental Board and HPCSA to register students who studied in China

There was jubilation when High Court of South Africa Gauteng local division handed judgement in a matter between applicants; Dr Lebohang Sethole, Dr Tseko Sawula, Dr Paseka Podumo, Dr Kabinyane Letsoara and Dr Alude Tshangela and respondents; Medical and Dental Board (MBD), Health Professionals Council of South Africa (HPCSA) and Minister of Health.

This followed an urgent application by the applicants who in the head of arguments argued both MBD and HPCSA failed to uphold the applicants rights entrenched in section 33 of the constitution and instead side-step this obligation.

Represented by Chris Geogiades, Senior Council and Brandon Casey of The Bridge Group of Advocates the applications sought the following:

The court to declare that the applicants are exempted from writing medical board examination;

The first and second respondents to register the applicants as medical interns;

The first and second respondents to pay the costs of this application

BACKGROUND;

The applicant; (Dr Lebohang Sethole, Dr Tseko Sawula, Dr Paseka Podumo, Dr Kabinyane Letsoara and Dr Alude Tshangela) were medical students who received their Bachelor of Medicine, Bachelor of Surgery (“MBBS”) at several universities in China.

Dr Lebohang Sethole and Dr Kabinyane Letsoara completed their medical degrees at China Medical University. Dr Lebohang Sethole completed in November 2020 and Dr Kabinyane Letsoara completed in November 2021.

Dr Tseko Sawula and Dr Paseka Podumo completed their medical degrees at Shenyang Medical College. Dr Tseko Sawula and Dr Paseka Podumo completed their medical degrees in June 2021 while Dr Alude Tshangela completed her medical degree at Dalian Medical University in November 2021.

The applicants’ studies were funded by the Department of Education and Training, in terms of a bursary agreement received by the applicants.

Clause 3.1.6 of the applicants bursary agreements, provides that the applicants must enter into the full-time employment with the department of education after obtaining their qualifications.
However, during 2020, the applicants were unable to return to China to complete their final years of study as a result of the travel regulations imposed due to Covid-19. As a result of their inability to travel back to China to complete their final year of study in China, the Department of Education together with the University of Free State (UFS), allowed the applicants to attend the UFS to complete their final year of their degrees.

The second respondent required that the applicants be registered as visiting students in order to attend the UFS.

The applicants completed their final years of study at the UFS, and in order to comply with clause 3.1.6 of their bursary agreements the UFS, on behalf of the first, second, and third applicants, submitted their Form 23 IN applications for registration for medical internship with the second respondent, in August 2021.

The Form 23 IN application process is used in the place of notarised degree certificates, so that the applicants can commence there medical internships from 1 January 2021. The applicants have already been placed at several hospitals to complete their medical internships for the 2022 cycle.

In order to start their internships, the applicants have to first be registered with the second respondent.
This is where the problems began for the applicants. Despite the confirmation letters issued by the UFS, which, inter alia, confirm that:

The first to third applicants successfully completed the final year of their medical degrees at the UFS; The training received was similar to the designed integration programme for the the Nelson Mandela/Fidel Castro Medical Programme (“NMFCMP”) at the UFS; and The applicants’ studies at the UFS was inclusive of clinical rotations and assessments, as well as the final exit exam of Integrated Medical Assessment (“CIMA”). The first and second respondent state that the applicants cannot be registered because they do not fall within the category of student who can apply through the Form 23 IN process because they did not study in Cuba, despite completing the exact same programme as the Cuban students.

Moreover, the first and second respondents have, instead of assisting the applicants in a timeous manner, chosen to play cat and mouse with the applicants. The applicants cannot afford to wait any longer for the first and second respondents to come to a decision. The applicants placements for medical internships for the 2022 cycle are being held until 1 April 2022.

Despite warning the first and second respondents, on several occasions of the 1 April 2022 deadline, the first and second respondents have failed to take a decision, and have now appeared to blame the applicants for their failures.

In handing judgement the judge ordered:

It is declared that the applicants are exempted from writing medical board examination;

The first and second respondents are ordered to register the applicants as medical interns;

The first and second respondents are to pay the costs of this application

The five doctors are part of group sent out overseas to study through an initiative by the suspended secretary general of the African National Congress (ANC), Ace Magashule who to date has been credited for giving the less privileged and the poor opportunities to study locally and globally through Operation Hlasela which has unfortunately been canned and no alternative provided.

Late in 2021 Congress of South African Students were fuming following a leaked letter from the office of the Premier in which bursaries were cancelled. Following the pushback the Premier’s office made a u-turn and called the letter fake news.

Christopher Tsatsawane, HPCSA spokesperson didn’t respond to our question while Medical and Dental Board could not be reached for comment.

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