CHIEF Justice Raymond Zondo has been accused of snubbing the affidavit and information forwarded before the State Capture Commission regarding corruption involving close to R2 billion in medical aid schemes.
Business partners Yusuf Cassiem and his wife Charlnita Cassiem alleged that Zondo ignored their affidavit and evidence submitted to the State Capture Commission to probe corruption and money laundering involving medical aid schemes.
The husband and wife duo alleged that Zondo rejected their information because of the corruption involving President Cyril Ramaphosa’s associates.
Asked to confirm the receipt of the affidavit and why the information was ignored, the commission’s secretary, Itumeleng Mosala, said he forwarded the message to the Chief Justice, who wanted to tell the commission’s side on the matter.
However, Zondo did not respond.
In his affidavit, Yusuf claimed that he found out about the allegations after his wife Charlnita, a former nurse at Netcare, opened her private care to perform hemodialysis for patients belonging to various medical aid schemes.
Yusuf said his wife was investigated and told to close her business.
He said this was unfair because clinics such as National Renal Care (NRC), Netcare and Adcock Ingram Critical Care had been allowed to “get away with corruption”.
Yusuf said Netcare and Adcock Ingram Critical Care were allegedly using NRC to launder money.
NRC is a wholly South African-owned company. It is jointly owned by Netcare and Adcock Ingram Critical Care, and it is the only private therapy provider in the country.
However, Yusuf said NRC was practising under a false number, which belonged to a clinical technologist who was registered under the Health Professions Act and regulated by the Health Professions Council of SA (HPCSA).
Yusuf said the clinical technologist was not a doctor but an auxiliary service to medical practitioners, which is a doctor and registered nurse.
“When the Government Employee Medical Scheme (Gems) denied Mrs Cassiem access to treat its members, that triggered my investigation into the alleged fraud, corruption and money laundering.
“NRC operates as a health professional registered under the Health Profession Act, which is regulated by the HPCSA. NRC income generated is split between Adcock and Netcare.
“Refer to Adcock financial statements that give a detailed account of NRC income totalling R1 154 287.00 billion, generated alleged fraudulently and distributed allegedly via money laundering to Netcare and Adcock,” Yusuf said in the affidavit.
He said the income that NRC generated allegedly landed on the income statements of Netcare and Adcock due to money laundering.
Yusuf said the NRC’s alleged fraud was based on the fact that they had been issued with a practice code as a clinical technologist registered with the HPCSA. He said this required that the Council of Medical Schemes (CMS) should apply for Exemption 54A before issuing a practice number, as per the law.
He further said that HPCSA investigated his wife even though it did not regulate her profession, while they failed to investigate the illegal corporations and the awarding of tenders to the illegal corporations for years.
Yusuf said the Department of Health also sent Charlnita a letter threatening her with a fine or jail while they approved NRC corruption.
On Thursday, NRC chief executive officer Chevon Clarke said the company rejected and refuted all the allagetions made by both Yusuf and Charlnita against NRC, Netcare and Adcock.
“It would not only be deeply disappointing but also highly damaging and defamatory should the Sunday Independent choose to publish false and baseless allegations made by Mrs Cassiem and/or Mr Cassiem against NRC and the other parties mentioned referenced in your email.
“A review or simple search of the reports by the Commission of Inquiry into allegations of State Capture – publicly available at https://www.statecapture.org.za – would confirm that nowhere in any of the reports is NRC mentioned, let alone linked to money laundering, or any other alleged criminal conduct or malfeasance.
“Anyone claiming otherwise should immediately have their credibility and motivation for peddling such a falsehood brought into question,” Clarke said.
She further said: “In your email to NRC, you refer to an ‘affidavit and information forwarded before (sic) the State Capture Commission and Section 59 inquiry submission’.
“The NRC is not aware of any such affidavits or information provided by Mr and Mrs Cassiem to these forums and has never been requested by the Commission of Inquiry into Allegations of State Capture to respond to any allegations.”
She said NRC was in possession of an affidavit and information pertaining to a case before the Western Cape High Cout Equality, which was brought by Charlnita in June 2023.
Clarke said Charlnita’s case was dismissed with costs on the basis that the entire matter between her and the medical schemes that have refused to settle her invoices to date had no connection whatsoever to NRC.
“Following the judgment, we received an email from Mr Cassiem, indicating his wife's intention to appeal the decision, either through the Supreme Court of Appeal or the Constitutional Court.
“Since that time, we have heard nothing further and had assumed that Mr and Mrs Cassiem were no longer pursuing their baseless and false allegations against NRC through legal channels.
“However, it now appears from your email that Mr and Mrs Cassiem are trying to use the Sunday Independent to peddle the falsehoods that have been reviewed and rejected by our judicial system.”
“Please be advised that NRC is considering all available options to protect and defend our hard-earned reputation against the baseless and defamatory claims made by anyone about NRC,” she said.
Netcare spokesperson Lynne O'Conner also emphasised that neither NRC nor Netcare has ever been involved in any form of money laundering, neither currently nor historically.
‘’Nor has Netcare or NRC been mentioned in any report by the Commission of Inquiry into allegations of state capture, or been asked to make submissions or respond to the Commission in any way.”
‘’Netcare is, therefore, of the firm opinion that the damaging and defamatory allegations made are completely false and without merit. We support NRC in rejecting these allegations with contempt and (together with the NRC) will robustly pursue the relevant course of action to ensure that the individuals behind these defamatory and baseless claims are held fully accountable for their actions,’’ said O'Conner.
Adcock did not respond. HPCSA spokesperson Christopher Tsatsawane last week acknowledged the query and said he would revert.
CSM referred questions to the secretariat of Section 59 Commission into allegations of racial discrimination by medical schemes and administrators. However, director Setshephi Thema said they are not in a position to respond to your inquiries without clearing them with the investigation panel. He added that they will revert in due course.
Gems principal officer Dr Stan Moalobi said: “Mr and Mrs Cassiem are known litigants against the scheme, and there are several matters involving them pending in the courts. The scheme reserves comment and its rights on the affidavits which you are referring to.”
In her affidavit, which was also forwarded to Human Rights Commission and Section 59 Commission, Charlnita said NRC, Melomed Renal Care, Adcock, Gems, Medsheme and Metropolitan Health should be investigated for corruption, fraud and money laundering under the Health Professions Act, Medical Scheme Act and Prevention of Organised Crime Act (POCA).
She said the companies assisted NRC to be able to commit the alleged fraud and money laundering.
Human Rights Commission spokesperson Wisani Baloyi said they would check with their team in Cape Town and revert to the reporter.
Melomed secretary Shaafee Hendricks said: “Melomed has never ever received, and nor are we aware of any affidavits. Taking into consideration what is stated in paragraph 1 above, Melomed, therefore, cannot respond to any allegations contained in the aforementioned unknown affidavits.”
Department of Health spokesperson Foster Mohale, Medscheme and Metropolitan also did not respond to questions.