The Hawks probe EC lawyer’s R45m medico legal claims
Three ‘fraud’ cases claim millions from health department for ‘disabled’ kids
THE HAWKS are investigating highly controversial Eastern Cape lawyer Zuko Nonxuba after he allegedly registered three dubious medico legal claims for a huge R45-million.
Three new police cases were opened against Nonxuba at Madeira and Engcobo police stations last week.
In these cases, the R45-million was claimed for three “damaged” children. Yet investigators found:
One child happily at school with no disability;
One child was not actually born in a state hospital, but on the side of the road; and
Family were told the lawyer would get a state grant for their disabled child, but without telling them, Nonxuba launched a multimillion-rand medico legal claim for negligence.
These disability grants pay R1 600 a month.
The Eastern Cape government is being sued for R17-billion in medico legal claims for medical negligence in provincial health hospitals.
Lawyers have launched 2 500 claims formedical negligence in the Mthatha High Court alone, Saturday Dispatch was told by officials this week.
Eastern Cape Hawks spokeswoman Captain Anelisa Feni said the three cases were transferred to them for investigation.
“These cases are under the Hawks’ serious commercial crime unit. No further information will be released as they are under investigation,” said Feni.
Eastern Cape Health spokesman Sizwe Kupelo said: “We can confirm that the department launched an internal investigation into fraud and syndicated activities around medico legal claims against the department.”
Nonxuba told Saturday Dispatch yesterday: “I am unaware of any investigations by the Hawks. I have not defrauded nor instituted fraudulent claims against the department of health in the Eastern Cape.”
Government officials alleged this week Nonxuba, through his touts who hang around at hospitals, approached the parents of the three children who were supposedly victims of hospital negligence and promised to assist them to win medical negligence claims.
Two of the alleged victims are in the Mthatha area and one is in Engcobo.
A health department investigation, in conjunction with the Special Investigation Unit (SIU), ensued this year and made startling discoveries.
One child, who was supposedly disabled and suffering from cerebral palsy induced by so-called hospital negligence, was actually attending school, without any signs of disability.
A second child was said to have been born in hospital and through negligence suffered a cerebral palsy. However, the investigation revealed the child was actually born “on the side of the road”.
In a third case, a mother of a child suffering from Down syndrome, was approached and promised an application for a government social grant would be made, while the touts knew Nonxuba would in reality be making a massive claim for medical negligence.
The source said of Nonxuba’s claims: “In all the cases, it was just cutand-paste. The claim amounts were identical at almost R15.1-million each. That raised an alarm.”
Kupelo said they were unable to name any individuals involved as the investigation was at a “very sensitive stage. The investigation is targeting all individuals involved, including officials, private citizens and lawyers.”
This week, Eastern Cape Treasury MEC Sakhumzi Somyo, announcing his mediumterm budget adjustment, told the legislature the R17-billion medico legal claims posed significant fiscal risk to the province.
He said: “The implication of these claims on the health budget are phenomenal. We are working closely with the department of health to investigate and quality-assure such claims.”
The source said: “As the Road Accident Fund has tightened up, these lawyers are running to the health department to claim and the worst part of it, they are using officials to steal files. At times they are immediately informed of any suspected negligence by hospital staff and documents go missing.”
Earlier this month, Nonxuba effectively conceded in court that he had overcharged a severely disabled client to the tune of more than R4-million, which he has now agreed to immediately pay back. It is unclear if this happened as his attorney said at the time there was a disagreement over the terms of the settlement.
It has taken more than three years of threats, reports to the Law Society and expensive high court litigation to get Nonxuba to pay his paraplegic former client Avela Mabuti Mathimba his due. — bonganif@dispatch.co.za