The Section 59 Complaints Investigation: Sequence Of Events

The Build Up

On Friday, 10 May 2019, the CMS received a request to attend an interview with SABC’s Morning Live scheduled for Monday, 13 May. A group of medical practitioners approached Morning Live alleging that medical schemes were not paying them on the basis of their race.

On Wednesday, 15 May, the Chief Executive and Registrar of the CMS appeared on Morning Live, affirming CMS’ position and announcing an engagement with schemes and the aggrieved medical practitioners, scheduled for the following day, Thursday 16 May.

The Stakeholder Engagement Session

On 16 May, the Chairperson of the Council, Dr Clarence Mini addressed a stakeholder engagement session, and emphasized that the CMS did not support racial profiling, ill treatments, harassment, and bullying amongst others.

As such , the CMS would launch an investigation into the allegations in terms of its regulatory mandate, under section 7(a)(b)(c)(d), 8(a) and (k) and 9(2) of the Medical Schemes Act, 131 of 1998.

Dr Mini emphasized that CMS’ regulatory intervention would go as far as the Medical Schemes Act allowed.

Investigating Panel

On 11 June, the CMS announced that the Section 59 Investigating Panel would be chaired by Advocate Tembeka Ngcukaitobi (SC) together with Advocates Adilla Hassim and Kerry Williams.