IZINDABA Basson unrepentant as drawn-out sentencing argument begins Despised apartheid-era even ‘reflected on the possibility that he 65, was found guilty of unprofessional chemi cal warfare expert violated medical ethics’. conduct by a Health Professions Council Dr Wouter Basson, dubbed This was said by Dr Marjorie Jobson, of South Africa (HPCSA) inquiry. The ‘Dr Death’ by his detractors director of the support group for victims inquiry, by a committee of the Medical and currently practising as of apartheid Khulumani, in aggravation and Dental Professions Board headed a highly respected cardiologist in Durban- of sentence at the end of November 2014, by Prof. Jannie Hugo, found that the ville, Cape Town, failed to show that he just over 11 months after Basson, aged unrepentant cardiologist violated basic 9 January 2015, Vol. 105, No. 1 IZINDABA medical ethics and failed to exercise his and human rights bodies demanding choice in support of them. She backed a Basson’s deregistration as a doctor. petition from leading medical professional Cilliers described 230 signatures out of and human rights bodies, including the 39 000 available doctors as ‘insignificant’, South African Medical Association, calling suggesting that this actually meant that for his striking from the roll and harsh the majority of doctors supported Basson. sanction. The petition was presented He described Heywood as a ‘layman and during the sentencing hearing by Mark administrator of petitions’, accusing him of Heywood, executive director of the activist using the hearing as a platform to promote organisation Section 27, amid dramatic his Section 27 NGO. Heywood shot back, contestation and attempts at ridicule by ‘I am a rights bearer and a consumer of Basson’s defence counsel, Japie Cilliers, SC. healthcare,’ adding that the issue of ethics did not reside only with professionals but Strong sanctions prompt with ‘everyone else’. Heywood said the remorse – De Kock an Constitution under the new dispensation example allowed him to question the activities of Jobson testified that ‘in theory he [Basson] anyone he chose to, accusing Cilliers of not Cardiolgist and chemical warfare expert Dr Wouter can say that his activities did not have lethal understanding the nation’s most funda- Basson. consequences … it is only out of the reality mental legal document. To suggest that of sanctioning his behavior that there is the signatory numbers were insignificant medical ethics, which they described as any reflection on what their perpetrators was profoundly mistaken and disrespectful ‘especially important in times of war caused on the citizens of South Africa. of some of the country’s leading medical and conflict’, and defiled the ‘unique and Eugene De Kock [the jailed government- academics, researchers and representative sacred position’ of trust in doctors by sanctioned apartheid-era covert Vlakplaas bodies. To Cilliers’ rebuttal that he was society that impelled them to stay true to murder squad chief] is a prime example.’ ‘talking numbers’, Heywood replied, ’I am the ethical values of ‘beneficence, non- She said sanction created the opportunity talking names’. malificence, justice and autonomy’. Basic for reflection and accepting responsibility. medical ethics had not changed since the ‘Without it, we never get to a point Disgrace to the medical time of the offences. where people consider that perhaps their profession – HPCSA The committee found that Basson, while activities were not in the best interest of the In initial sentencing argument, pro forma project officer of Project Coast and its military country and the majority of the people,’ she prosecutor Sallie Joubert told the Pretoria front teargas and drugs manufacturing added. Asked by Cilliers whether she was hearing that Basson acted in a manner company, Delta G, in the late 1980s and early appealing to the hearing to pass a harsh disgraceful to the medical profession. ‘We 1990s, co-ordinated the production and sentence so that the cardiologist would will argue that his conduct [during the stockpiling of Mandrax, ecstasy and teargas show remorse, Jobson said a punitive apartheid era] amounts to disgraceful on a major scale and provided ‘disorientating sentence would be ‘fitting’. ‘Everywhere conduct and that he is a disgrace to the substances for cross-border kidnapping’. He in the world where I go, the first question medical profession.’ Joubert submitted also supplied cyanide suicide capsules to which arises is how is it possible that Dr that the appropriate penalty would be to apartheid undercover operatives for use if Basson has never been sanctioned up to strike Basson from the register of medical captured. Under the instructions of the chief now? People cannot comprehend that. We professionals – and for him to pay the of the Defence Force, Basson weaponised believe that his practice needs a very severe (substantial, but as yet unquantified) costs thousands of 120 mm mortars with teargas sanction. The problem is that Dr Basson of the lengthy HPCSA inquiry into his for use by Jonas Savimbi’s National Union for has not conceded … he has not shown that conduct. the Total Independence of Angola (Unita) he has reflected on the possibility that he Among those present during the senten- forces that South Africa abortively backed violated medical ethics. He has not taken cing argument were members of the in the 1980s, committing troops and heavy responsibility.’ Khulumani victims support group, including weaponry to fight the Cuban-backed MPLA a Mamelodi mother who lost her 17-year- in Angola. Basson’s ‘no killing, no old ANC exile son in a security police ‘dirty Basson, in testimony prior to his harm’ defence dubious – tricks’ operation. acquittal on related criminal charges in the witness Argument in mitigation of sentence High Court in Pretoria – and subsequent Jobson described Basson’s claims that his will be heard in January, with a further failed state appeal bids to the Supreme activities were non-lethal as ‘dubious’. postponement to March probable for actual Court of Appeal and the Constitutional ‘Khulumani has a membership of 6 800 sentencing. Court (ending in 2005) – has insisted families of the disappeared people who that his now confirmed unprofessional were abducted in operations by the Chris Bateman conduct came within the context of war security police using [chemical] agents.’ [email protected] and conflict and that no proof was ever Heywood went head-to-head with obtained that he caused harm or death. Cilliers after reading out the petition S Afr Med J 2015;105(1):9-10. Dr Jobson said that Basson neglected core signed by 230 doctors and top medical DOI:10.7196/SAMJ.9222 10 January 2015, Vol. 105, No. 1.