Scalpels out in libel case

CORRUPT and incompetent.

Not only that, but also in the habit of using State medical facilities to treat private patients, and guilty of unethical behaviour. This, claims medical doctor Alughodi Paulus Kanyama, is what a fellow State-employed specialist physician, Dr Gordon Cupido, called him in May and June 2005.Stung by this alleged description of himself, Dr Kanyama is now suing Dr Cupido for N$350 000 for alleged defamation.The case between the two doctors is still pending, but has already made a first turn through the High Court, with Acting Judge Annel Silungwe having ordered Dr Kanyama to disclose a list of documents, including financial and tax records, that he and his lawyers had tried to keep away from the eyes of Dr Cupido and his legal representatives.In the course of an application from Dr Cupido for Dr Kanyama to be compelled to disclose these records to him, claims have already come to light that Dr Kanyama has been earning large amounts of money – between N$1,1 million and N$1,4 million in each of the three years from 2004 to 2006 – from private work that he performed while being employed by the State.CORRUPTION CLAIM Dr Kanyama is employed by the Health Ministry under a Limited Private Practice (LPP) agreement.In terms of this arrangement, he is allowed to perform private work, but may not do so between 07h30 and 12h30 on normal working days, unless he has to attend to emergency cases.His work for the State is also supposed to enjoy priority, and it is expected that at least two thirds of his time should be devoted to State work during official working hours, the LPP arrangement requires.In March 2006, Dr Kanyama slapped a defamation suit on Dr Cupido.He is demanding that Dr Cupido should pay him N$350 000 for damage that he claims to have suffered to his reputation and social standing.He is claiming that during a meeting that Dr Cupido had with the Medical Superintendent of the Katutura State Hospital in May 2005, Dr Cupido stated that Dr Kanyama was corrupt and incompetent.The next month, Dr Cupido stated in the presence of Dr Kanyama’s secretary in Dr Kanyama’s consulting rooms in Windhoek that he was guilty of using State facilities to treat his private patients without authority to do so, that he was guilty of unethical behaviour, and, again, that he was corrupt, Dr Kanyama is further claiming.Also in June 2005, Dr Kanyama is claiming, Dr Cupido laid a complaint with the Office of the Ombudsman in which he stated that Dr Kanyama was corrupt or guilty of corrupt practices, that Dr Kanyama failed to adhere to the rule that he must render services to the State during stipulated hours and that he instead attended to private patients during such hours, that he used State equipment to attend to his private patients, and that he “fraudulently claimed sustenance and travelling allowances from the Ministry of Health and Social Services when he travelled to the north of Namibia to treat his private patients”.’ESSENTIALLY THE TRUTH’ In Dr Cupido’s plea in response to the claim against him, it is admitted that Dr Cupido had a meeting with the Katutura State Hospital’s Acting Medical Superintendent and three other specialist physicians in May 2005.During this meeting, Dr Cupido pointed out “that specialist physicians employed by the State in the limited practice scheme were doing too little work for State patients and were absent from their duties too much,” it is claimed on Dr Cupido’s behalf.Dr Cupido also “commented that to accept remuneration for work not performed amounted to a form of corruption,” it is further pleaded.Dr Cupido also admits meeting Dr Kanyama at the latter’s consulting rooms in Windhoek during June 2005.On that occasion, he admits, he “questioned the professional conduct” of Dr Kanyama in his capacity as a fellow specialist physician in the employ of the State, and in the course of the meeting questioned the ethics of such conduct.Dr Cupido is further admitting that he laid a complaint with the Office of the Ombudsman for investigation in June 2005.It is stated in his plea: “The complaint referred to the conduct of medical specialists engaging in corrupt practices attending to private patients when they are supposed to be attending to their duties as State employees in conflict with civil service regulations, resulting in State patients being neglected, the quality of care to State patients being compromised and junior medical staff being inadequately supervised and not receiving training as envisaged with the consequent loss of morale.”The defendant (Dr Cupido) in this context referred to the plaintiff (Dr Kanyama) performing only one ward round per week, regularly missing clinics and being absent without leave.The defendant also referred to an allegation made by other medical consultants that the plaintiff had claimed S&T fraudulently for a visit to northern Namibia.”Dr Cupido is denying that he had an intention to defame Dr Kanyama and to injure his reputation.He is claiming that he had the right to raise the issues that he raised at the meetings with the Medical Superintendent and Dr Kanyama himself, and also with the Office of the Ombudsman.In addition, he is claiming that the statements that he made, “insofar as they contain statements of fact, are essentially the truth”, and “insofar as they were not statements of fact, constituted comment concerning matters of public interest, fairly and reasonably made in the circumstances and based upon facts which are essentially the truth”.FAT EARNINGS In Dr Cupido’s application to compel Dr Kanyama to disclose further documents to him and his lawyers, Dr Kanyama claimed that these records were not relevant to the case.One of Dr Cupido’s lawyers, Ndjavera Angula, did not agree with that view.To support her opinion, she submitted copies of some medical aid fund statements that she claimed reflected payments made to Dr Kanyama.According to a summary of payments that she claimed the Public Service Employees Medical Aid Scheme and one private medical aid fund, Namibia Health Plan, alone had made to Dr Kanyama from 2004 to 2006 for private work done by him, he earned more than N$1,4 million in 2004, almost N$1,2 million in 2005, and more than N$1,1 million in 2006 from those two sources alone, Angula informed the court.Acting Judge Silungwe agreed that the requested documentation was relevant.He ordered Dr Kanyama to provide the documents to Dr Cupido.These documents include all invoices and receipt books for work that Dr Kanyama did for private patients in 2004, 2005 and 2006, records of all payments that medical aid funds made to Dr Kanyama, and Dr Kanyama’s income statements and tax returns for the 2004/05 and 2005/06 tax years.Dave Smuts, SC, represented Dr Cupido in the hearing before Acting Judge Silungwe.Dr Kanyama was represented by Natasha Bassingthwaighte.This, claims medical doctor Alughodi Paulus Kanyama, is what a fellow State-employed specialist physician, Dr Gordon Cupido, called him in May and June 2005.Stung by this alleged description of himself, Dr Kanyama is now suing Dr Cupido for N$350 000 for alleged defamation.The case between the two doctors is still pending, but has already made a first turn through the High Court, with Acting Judge Annel Silungwe having ordered Dr Kanyama to disclose a list of documents, including financial and tax records, that he and his lawyers had tried to keep away from the eyes of Dr Cupido and his legal representatives.In the course of an application from Dr Cupido for Dr Kanyama to be compelled to disclose these records to him, claims have already come to light that Dr Kanyama has been earning large amounts of money – between N$1,1 million and N$1,4 million in each of the three years from 2004 to 2006 – from private work that he performed while being employed by the State.CORRUPTION CLAIM Dr Kanyama is employed by the Health Ministry under a Limited Private Practice (LPP) agreement.In terms of this arrangement, he is allowed to perform private work, but may not do so between 07h30 and 12h30 on normal working days, unless he has to attend to emergency cases.His work for
the State is also supposed to enjoy priority, and it is expected that at least two thirds of his time should be devoted to State work during official working hours, the LPP arrangement requires.In March 2006, Dr Kanyama slapped a defamation suit on Dr Cupido.He is demanding that Dr Cupido should pay him N$350 000 for damage that he claims to have suffered to his reputation and social standing. He is claiming that during a meeting that Dr Cupido had with the Medical Superintendent of the Katutura State Hospital in May 2005, Dr Cupido stated that Dr Kanyama was corrupt and incompetent.The next month, Dr Cupido stated in the presence of Dr Kanyama’s secretary in Dr Kanyama’s consulting rooms in Windhoek that he was guilty of using State facilities to treat his private patients without authority to do so, that he was guilty of unethical behaviour, and, again, that he was corrupt, Dr Kanyama is further claiming.Also in June 2005, Dr Kanyama is claiming, Dr Cupido laid a complaint with the Office of the Ombudsman in which he stated that Dr Kanyama was corrupt or guilty of corrupt practices, that Dr Kanyama failed to adhere to the rule that he must render services to the State during stipulated hours and that he instead attended to private patients during such hours, that he used State equipment to attend to his private patients, and that he “fraudulently claimed sustenance and travelling allowances from the Ministry of Health and Social Services when he travelled to the north of Namibia to treat his private patients”.’ESSENTIALLY THE TRUTH’ In Dr Cupido’s plea in response to the claim against him, it is admitted that Dr Cupido had a meeting with the Katutura State Hospital’s Acting Medical Superintendent and three other specialist physicians in May 2005.During this meeting, Dr Cupido pointed out “that specialist physicians employed by the State in the limited practice scheme were doing too little work for State patients and were absent from their duties too much,” it is claimed on Dr Cupido’s behalf.Dr Cupido also “commented that to accept remuneration for work not performed amounted to a form of corruption,” it is further pleaded.Dr Cupido also admits meeting Dr Kanyama at the latter’s consulting rooms in Windhoek during June 2005.On that occasion, he admits, he “questioned the professional conduct” of Dr Kanyama in his capacity as a fellow specialist physician in the employ of the State, and in the course of the meeting questioned the ethics of such conduct.Dr Cupido is further admitting that he laid a complaint with the Office of the Ombudsman for investigation in June 2005.It is stated in his plea: “The complaint referred to the conduct of medical specialists engaging in corrupt practices attending to private patients when they are supposed to be attending to their duties as State employees in conflict with civil service regulations, resulting in State patients being neglected, the quality of care to State patients being compromised and junior medical staff being inadequately supervised and not receiving training as envisaged with the consequent loss of morale.”The defendant (Dr Cupido) in this context referred to the plaintiff (Dr Kanyama) performing only one ward round per week, regularly missing clinics and being absent without leave.The defendant also referred to an allegation made by other medical consultants that the plaintiff had claimed S&T fraudulently for a visit to northern Namibia.”Dr Cupido is denying that he had an intention to defame Dr Kanyama and to injure his reputation.He is claiming that he had the right to raise the issues that he raised at the meetings with the Medical Superintendent and Dr Kanyama himself, and also with the Office of the Ombudsman.In addition, he is claiming that the statements that he made, “insofar as they contain statements of fact, are essentially the truth”, and “insofar as they were not statements of fact, constituted comment concerning matters of public interest, fairly and reasonably made in the circumstances and based upon facts which are essentially the truth”.FAT EARNINGS In Dr Cupido’s application to compel Dr Kanyama to disclose further documents to him and his lawyers, Dr Kanyama claimed that these records were not relevant to the case.One of Dr Cupido’s lawyers, Ndjavera Angula, did not agree with that view.To support her opinion, she submitted copies of some medical aid fund statements that she claimed reflected payments made to Dr Kanyama.According to a summary of payments that she claimed the Public Service Employees Medical Aid Scheme and one private medical aid fund, Namibia Health Plan, alone had made to Dr Kanyama from 2004 to 2006 for private work done by him, he earned more than N$1,4 million in 2004, almost N$1,2 million in 2005, and more than N$1,1 million in 2006 from those two sources alone, Angula informed the court.Acting Judge Silungwe agreed that the requested documentation was relevant.He ordered Dr Kanyama to provide the documents to Dr Cupido.These documents include all invoices and receipt books for work that Dr Kanyama did for private patients in 2004, 2005 and 2006, records of all payments that medical aid funds made to Dr Kanyama, and Dr Kanyama’s income statements and tax returns for the 2004/05 and 2005/06 tax years.Dave Smuts, SC, represented Dr Cupido in the hearing before Acting Judge Silungwe.Dr Kanyama was represented by Natasha Bassingthwaighte.