The Democratic Alliance (DA) has warned KwaZulu-Natal (KZN) Health MEC, Nomagugu Simelane-Zulu, of potential legal action following numerous occasions where individual MPL’s have been blocked from conducting oversight inspections of healthcare facilities in the province.
The cautionary letter (view here) comes with a seven-day deadline in which the MEC must respond, failing which the DA will proceed with an urgent court application demanding oversight access to all provincial healthcare facilities in the province, to be arranged as per the existing procedures.
The DA has had enough of MEC Simelane-Zulu’s ongoing arrogance when it comes to our MPL’s exercising their Constitutionally mandated legislative oversight. At best, her actions – and that of her Department – are negligent. At worst they are evasive.
It has been almost 18 months since the MEC and her Department first adopted their deplorable approach and the DA now has no other option but to consider legal action. This after the following visits were thwarted, apparently on the instruction of the MEC;
– On 19 November 2019 at the Richmond Clinic
– On 6 February 2020 at Addington Hospital
– On 20 February 2020 at St Mary’s Mariannhill Hospital
– On 4 August 2020 at KwaDukuza’s Covid-19 Field Hospital
– On 4 August 2020 at Mahatma Gandhi Hospital
– On 9 October 2020 at Christ the King Hospital and;
– On 28 April 2021 at Phoenix Community Health Centre
A further inspection of the Umkumbaan/Cato Manor Community Health Clinic in late April saw the DA allowed access. This was no thanks to the MEC though, as the permission was granted through the eThekwini Health Unit, which co-runs the facility with the DoH.
The many refusals of access come despite the DA’s compliance in terms of notifying KZN’s Department of Health (DoH) of its intention to visit such facilities, in line with departmental/provincial legislature protocol. They also come after numerous efforts by the DA, to attain a productive response from the DoH, have been unsuccessful.
Oversight inspections are a core tenet and a foundational principle of a constitutional democracy and form one of the most basic checks on executive power. The question that the MEC must now answer is: Exactly what process do she and her Department want the DA – and other representatives of the KZN Legislature – to follow?
Oversight of KZN’s health facilities could not be more critical as we approach a third wave of the Covid-19 pandemic and as millions of our province’s people are patiently waiting for their vaccinations. The second phase of the vaccine rollout programme, which began a week ago, relies extensively on public funds. It is therefore vital that the use of such funds under these circumstances be done in a manner that is transparent and accountable.
The MEC expects a response from MEC Simelane-Zulu within the prescribed period. In the event that she does not respond, we will be forced to take further action on behalf of KZN’s people.
