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Doctors gather to protest the murder of Dr. Abdulhay Munshi.
- The NPA says it is a duty to take action against physicians whose negligence may have resulted in loss of life.
- This comes after doctors expressed concern that they could be attacked, following the murder of the anesthetist, Dr. Abdulhay Munshi.
- Munshi was shot dead in Johannesburg on Wednesday afternoon and his killers remain at large.
The National Tax Authority (NPA) says doctors working within the law have nothing to fear, but the NPA is required to take action against doctors whose alleged negligence can result in loss of life.
The NPA made the comments after doctors expressed concern that they could be attacked, following the murder of anesthetist Dr. Abdulhay Munshi.
Munshi was shot dead in Johannesburg on Wednesday afternoon and his killers remain at large.
He was arrested last year on wrongful death charges along with co-defendant pediatric surgeon Dr. Peter Beale, following the death of a 10-year-old boy shortly after an operation.
News24 previously reported that the case shocked the medical community, which insisted there was due process to be followed, rather than going to court. Doctors said that if the killing of doctors became the norm, they would be discouraged from accepting delicate or complicated cases.
In response to these concerns, the NPA issued a statement in which it said that in the event of a possible loss of life due to negligence, it is “an obligation to take measures with the objective of deciding whether or not to initiate criminal proceedings against said doctor”. .
NPA spokesperson Phindi Mjonondwane said the deceased boy’s father, Zayyan Sayed, filed a criminal charge of medical negligence in October 2019. The NPA evaluated the case file and established that there was a prima facie case.
No need for research
“The NPA, guided by article 179 (2) of the South African Constitution, which empowers the NPA to initiate criminal proceedings on behalf of the State and carry out all necessary functions related to the initiation of criminal proceedings, recorded one case wrongful death against two doctors, namely Dr. Peter Beale and Dr. Abdulhay Munshi, “said Mjonondwane
The decision to prosecute Beale and Munshi meant that there was no need to refer the matter to an investigative hearing, he added.
By law, an investigation will be carried out in cases where criminal proceedings are not initiated and when a death has occurred and said death was the result of unnatural causes.
“In this case, the latter is not applicable,” Mjonondwane said.
Furthermore, the NPA reiterates that the right to equality before the law applies to all citizens within South Africa’s borders. Therefore, we are of the opinion that if physicians, in the performance of their duties, act within the limits of the law, then they do not have to fear criminal prosecution. “
Once the prosecution has received a copy of Munshi’s death certificate, the charges against him can be formally dropped in court. Beale will return to court on November 16.
