Claims that the HPCSA Pro Forma Complainant (prosecutor) has finally provided Dr De Vos with the prescribed information for him to prepare for the HPCSA Disciplinary Inquiry on 28 – 30 October 2019, are false. Although the HPCSA sent Dr De Vos some documents on 14 October 2019, none of the documents provided are that which the Disciplinary Inquiry ordered the Pro Forma Complainant to provide no later than 30 August 2019. Dr De Vos, who is a member of Doctors For Life, has been charged by the HPCSA for advising that unborn children are human life. He has also been barred from practising for more than two years now without any form of hearing.
The information required for Dr De Vos to prepare for the hearing against him, has been requested as early as April 2018. Instead of providing the documents, the charges were withdrawn to avoid the hearing scheduled for 3 and 4 August 2018, only to be reinstated but scheduled for more than 12 months later (27 and 28 August 2019). Dr De Vos’ legal team (De Wet Wepener Attorneys and Adv Keith Matthee SC) continuously pleaded with the HPCSA to provide the information so that Dr De Vos can prepare for the hearing. On 27 August 2019, the Chairperson of the Committee, Mr A Swart ordered the Pro Forma Complainant to provide the required information not later than 30 August 2019.
The order included that the HPCSA Pro Forma Complainant was to provide Dr De Vos with:
1. How far was the pregnancy of the complainant?
2. Was the pregnancy terminated?
3. If so, what method was used to terminate the pregnancy?
4. Copies of the statement by the complainant(s) about the allegations contained in the charge sheet.
5. Copies of any other statements.
6. A copy of the written complaint addressed to the registrar in terms of section 2(1) of the Regulations Relating to the Conduct of the Inquiries in Alleged Unprofessional Conduct (Health Professions Act)
7. Copies of the alleged pamphlets and text messages.
8. More particularity is required as regards where and when during 2015 the alleged conduct happened.
The HPCSA Pro Forma Complainant has only provided three statements to Dr De Vos’ legal team, some 6 weeks after the information had to be furnished.. None of the other required information has been provided. Even if all the information is now provided, it would be so late, that it would be impossible for Dr De Vos’ legal team to prepare properly. In line with a recent Constitutional Court decision (Stokwe v Member of the Executive Council: Department of Education, Eastern Cape and Others) delivered in February 2019, the extreme delays in this hearing (all caused by the HPCSA functionaries) now render the hearing unfair.
Doctors For Life joins the calls of thousands of people who are now calling on the HPCSA to drop the charges and to stop the grossly unjust treatment of Dr De Vos.