BHISHO — Eastern Cape MEC for Health, Ntandokazi Capa, has welcomed the findings of the Special Investigating Unit (SIU) regarding medico-legal claims within the public health sector. The investigation’s results were released today in Pretoria by Health Minister Dr. Aaron Motsoaledi and SIU head, Andy Mothibi.
The probe was initiated after President Cyril Ramaphosa authorized the SIU to investigate allegations of corruption, fraud, and maladministration concerning medico-legal claims. This investigation was launched under Proclamation R74 of 2022.
MEC Capa expressed her approval of the report, noting that it confirms long-held suspicions of corruption within the sector. “We have always maintained that some unscrupulous lawyers were colluding with healthcare workers to milk the department and, by extension, the provincial government dry,” Capa stated. “We welcome the findings and hope that those implicated will now be held accountable and answer for their alleged crimes.”
Medico-legal claims have posed a significant challenge to the quality of healthcare services in the province, according to Capa. “These claims have seriously compromised the quality of services we offer to our people, so we will always support any effort that seeks to get rid of the rot,” she said.
To address these issues, the Eastern Cape Department of Health (ECDoH) has been implementing an integrated medico-legal strategy in collaboration with the Office of the Premier, provincial Treasury, national Treasury, and the national Department of Health. The strategy is designed to halt the outflow of funds through upfront lump-sum payments, strengthen administrative systems, bolster the legal defense of current cases, and improve clinical and forensic interventions to reduce the risk of future litigation.
The implementation of this strategy has yielded positive results. The number of new medico-legal claims in the 2023/24 financial year dropped to 192, a 65% reduction from the peak of 553 claims in 2017/2018.
While the medico-legal contingent liability remains substantial at R22.3 billion, the department is confident that if the public health defense and the undertaking-to-pay remedy are upheld, the impact on the quantum of claims will be positive. The shift from lump-sum settlements to the undertaking-to-pay remedy is already helping to stem the hemorrhage of funds from the system, preserving the department’s budget for critical healthcare services.
