Written by: UCT Students for Life
Article source: www.facebook.com
Dr Jacques de Vos, whose professional conduct hearing has been delayed by the HPCSA since 2017, has applied to the North Gauteng High Court to compel the HPCSA to finalise the hearing against him. In 2017 Dr De Vos has been suspended from the gynaecology rotation during his internship at 2 Military Hospital, Cape Town after he advised a woman that her 19-week old unborn baby is a human life.
Since July 2017 Dr De Vos has been prevented from practising medicine and has been charged with unprofessional conduct. For the past three and a half years the HPCSA has been delaying the hearing against him, applied for postponements, and unilaterally withdrew the charges against Dr De Vos only to reinstate it almost a year later.
In December 2019 Dr De Vos pleaded “not guilty” to the charges against him. Despite the best efforts of his legal team, the HPCSA ignored Dr De Vos’ pleas to state his case. In September 2020 the HPCSA again unilaterally “withdrew” the charges for a second time. Lawyers for Dr De Vos will argue in the High Court that he is entitled to a conviction or acquittal because he has entered a plea and that the HPCSA must proceed with the hearing with urgency.
Dr De Vos, who is wheelchair-bound, has faced severe ongoing prejudice as the result of the unexplained delays, failure to meet deadlines, and refusal to provide Dr De Vos with information of his alleged “misdemeanours”. This, despite Dr De Vos being ready to state his case, and despite expert witnesses in human anatomy and psychiatry being ready to testify.
Dr De Vos is a member of Doctors For Life International and has been assisting him with his case including fundraising to cover expenses (all lawyers are working pro-bono though), and arranging expert witnesses.
Summary of Testimony of Dr de Vos
I assume most of you are familiar with my case which is not really a complex one but quite a dramatic one as to how it affected my personal life and career. I want to read verses to you that will explain to you what I stood for and also may encourage others in my position. What is good and righteous in the sight of God (the Creator of all life) In Proverbs 24:11 is to rescue those who have been taken away, hold back those who are stumbling. It fits so perfectly the whole abortion battle. The unborn literally taken to the slaughter is the most vulnerable. God in His Word speaks about the innocent in society, the widows, etc. and this is one of the verses that encourages me to stand up for the unborn and it got me in a lot of trouble. I never realized that it would affect my life to that extend.
But I don’t regret it doing what was right. God must be glorified in the end no matter what it costs us. Many Christians and pastors have suffered more than I probably ever will. I just want to encourage people that work in the medical field to take a stand and not compromise at all but to fight for the rights of the unborn. To those not in the medical field can make your voice heard in many ways through conversations with people, encouraging people to stand up on their principles, and using social media to making your voice heard by speaking the truth against the lie.
I experienced much animosity. I felt very alone in the stand I was taking. I felt the hate of my superiors and had to work under them. I just so much appreciate it now that my case is open in the air and so many people know about it and reached out to me. I am so grateful for you all and want to thank you for standing with me in the fight.
Just again. Thank you for everyone praying and being supportive of me and my legal team.
Impressions of attorney Martus de Wet on behalf of the legal team
Jacques just really shared a small bit of what he went through. It was a very difficult road, and it is not at an end of it yet. I can just give you a very brief outline of where we are with the case. Jacques was suspended not just signed off when he finished his internship. His internship endured longer than others because of his physical situation. So he was not signed-off. In June 2017 he finished at 2 Military hospital in Wynberg, Cape Town. Since then he was charged for unprofessional conduct, because it is alleged that he prevented someone from having an abortion, and they said his views that the unborn child is a human being, are unscientific and not evidence-based.
Jacques suffered this persecution under the authority of the HPCSA. They charged him and delayed the charges. Charges have been withdrawn but all this time Jacques was unable to practice medicine and was supposed to start his career which was still on hold.
The latest on his case is that in December 2019 he pleaded not guilty and then the hearing was supposed to start in April 2020.
April came and nothing happened, they did not go to court.
Charges have been withdrawn in September, technically and legally this is not allowed. The only time they can withdraw charges, is before the person pleaded. We went to the High Court and we now await a court date. Our goal is to force the HPCSA to finish the hearing and give Jacques the outcome and give his day in court which they denied him thus far. The HPCSA is opposing and they do not want to go back to the hearing. He is assisted by two advocates. Advocate Keith Matthee who works on a pro bono basis and also Advocate Andrew Dumany, also a very experienced Advocate. DFL has been carrying the expenses to travel to Cape Town and many people have contributed to that.
I don’t know if people know what Jacques has gone through thus far and the fact that he stuck to his guns and the stand that he takes, he does not waver.
Dr De Vos Update
Dr Jacques de Vos has applied to the North Gauteng High Court to compel the Health Professions Council of South Africa (HPCSA) to finalise the professional conduct hearing against him.
Dr De Vos was doing his internship at 2 Military Hospital, Wynberg in 2016 when he allegedly advised a 19-week pregnant girl that her healthy unborn baby is a human being. This, the Military Health Service said, was “not evidence-based”, unscientific and unethical advice. When he completed his internship in June 2017, the head of gynaecology refused to sign him as a competent doctor due to his view on the humanity of the unborn.
Subsequently, the HPCSA charged Dr De Vos with unprofessional conduct in 2017. After numerous delays and failure to provide further particulars to the charges, the HPCSA withdrew the charges, only to reinstate it again.
Eventually, Dr De Vos pleaded “not guilty” to unprofessional conduct in December 2019. As the HPCSA was not ready to proceed, the case was postponed again. After more delays, the HPCSA withdrew the charges once again. In law, however, Dr de Vos is entitled to a verdict after he pleaded.
Adv Keith Matthee SC and Adv Andrew Duminy (both acting pro Deo in this matter) applied on Dr De Vos behalf to compel the HPCSA to complete the hearing and to come to a verdict. Lawyers for Dr De Vos hope that the High Court will hear the application in June/July 2021.
In the meantime, Dr De Vos, who is wheelchair-bound, is unable to practice as a doctor until his fate is decided. Doctors For Life International (DFL) is supporting Dr De Vos with raising funds to cover the expenses of the HPCSA hearing, as well as the High Court Application. Thanks to DFL, international experts such as Prof Priscilla Coleman (USA) and Dr Chris Warton (Cape Town) were sourced to provide expert evidence.
This case is important in that it will demonstrate that it is not unscientific or unethical for a doctor to advise his patient that an unborn baby is a human being, and is in fact also a patient.
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Date published: 30/06/2021
Feature image: Doctor Jacques De Vos. www.facebook.com
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