A prominent Maseru medical doctor who faces disciplinary charges has filed an application before the High Court challenging the appointment of a disciplinary committee of council intended to chastise him.
Sept. 15, 2022
3 min read
Maseru doctor questions legitimacy of medical council
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Dr Hlalele Mofubelu is asking the court to review, set aside and correct a decision of the President of the Medical, Dental and Pharmacy Council of Lesotho who is the 1st respondent in the matter and Vice-President of the same council who has been cited as the 2nd respondent, purporting to act and holding themselves out as Medical, Dental and Pharmacy Council of Lesotho, and as such purporting to appoint the disciplinary committee of council.
Mofubelu is further asking that the decision of both respondents purporting to be in the panel of the Disciplinary Committee of Council be declared unlawful and invalid, and of no consequence and effect in law.
He is alternatively requesting the court to issue an order declaring as unlawful and invalid, and of no consequence and effect in law, the decision of the 1st respondent, appointing Dr Chale Moji, Dr Teboho Thabane, Dr Litheba Nteene, Dr Nonkosi Tlale and Dr. Lucy Mapota, who are 3rd to 7th respondents respectively, members of the council.
Mofubelu insists that in law, there is no disciplinary committee of council which has been put in place and no disciplinary process may legally be undertaken by such a body which is non-existent before the law.
He says to undergo the disciplinary process before the non-existent body is not only an irregularity, but an injustice on his part.
He says to be hauled before a council which has not been established by law would be to undermine his fair trial rights entrenched in the Constitution.
He added that the prejudice against him was grave, serious and beyond repair.
He alleges that in 2019/2020, membership of the elected members of the council who were elected by classes of medical practitioners, dental surgeons and pharmacies, and membership of appointed members of the council was terminated by operation of the law on expiry of three years in office.
He adds that after the expiry of the prescribed three years in 2019/2020 to date, only the President and the Vice-President remained in office according to the provisions of the law.
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He says there has never been any ministerial appointment of members of the council in terms of the powers granted by the law.
Mofubelu says the decision to constitute the disciplinary hearing committee was taken by the President and the Vice-President purporting to act as the council.
Such council, he notes did not quorate as prescribed by the law, adding that any decision taken by the President and Vice-President purporting to act as a council is unlawful, irregular and taken without jurisdiction by the two officers.
He says they clearly did not understand the law which regulates the affairs of the council and upon which they may act and the provisions which demarcate the area of powers to be exercised by the council itself and not the individual members of the body. – LeNA