Issued by: Truth and Reconciliation Commission
CO-OPERATION BETWEEN THE INTERIM NATIONAL MEDICAL AND DENTAL COUNCIL (INMDC) AND THE TRUTH AND RECONCILIATION COMMISSION (TRC).
16 APRIL 1997
On the first day of a two day meeting, the INMDC agreed to endorse a decision taken by the INMDC Executive, to present a submission at the TRC's Health Sector Hearings in June. The submission will be made on behalf of the previous SA Medical and Dental Council by the present President of the INMDC, Prof S. Kallichurum, past President of the SAMDC, Dr L. Becker and present Registrar of the INMDC (who was also Registrar of the SAMDC), Mr Nico Prinsloo.
After discussion, the Council decided that the submission should cover "the functioning of the Council in relation to Human Rights", "action taken or the failure to act in specific issues and cases, such as the inequality of facilities available to various sectors of the population", issues which the Council should have raised with, for instance, the then Dept of Health and, most importantly, lessons which can be learned from past mistakes and how they can be prevented in the future.
In addition, the Council discussed the matter of "amnesty" for doctors. Amnesty granted by the TRC does not extend to amnesty from professional discipline in the case of health professionals. This could deter health professionals who have information about, colluded with or participated in human rights abuses from approaching the TRC, as they would still have to face INMDC disciplinary action. The INMDC reached the conclusion that it is bound by statute to discipline health professionals found guilty of professional misconduct or negligence, but "full and voluntary disclosure" would be taken into account as a strong mitigating factor, as would an appropriate explanation of the context and environment in which the transgression took place. The INMDC would obviously consider each case on its own merits, but would apply similar principles to those presently outlined in the Promotion of National Unity and Reconciliation Act (the so-called "Norgaard Principles"), in deciding on mitigation and sentence. This offer of mitigation would stand as long as the TRC is in existence (i.e. till 14 December 1997).
Mr Nico Prinsloo is co-ordinating the compilation of the submission and the President of the INMDC called on all past and present members of the INMDC and/or SAMDC to assist the Council in drawing up its submission, by communicating to Mr Prinsloo any issues which should be highlighted or examined.
FOR MORE INFORMATION, PLEASE CALL CHRISTELLE TERREBLANCHE AT 0824588461 OR 021-245161