Business Day

Medical schemes regulator suspends five officials

- Tamar Kahn Health & Science Writer

The regulator of the R160bn medical schemes industry has suspended five senior officials pending the outcome of an investigat­ion into alleged corruption and unethical conduct, and will subject all its executives to a lifestyle audit, it announced on Wednesday.

The latest developmen­ts come hard on the heels of a series of events that have rocked the Council for Medical Schemes (CMS), the watchdog agency charged with safeguardi­ng the interests of about 9-million consumers and ensuring medical schemes, brokers and administra­tors comply with the Medical Schemes Act.

The medical schemes industry generated R160bn in annual contributi­on income, according to the most recent CMS annual report. At that stage, the industry covered 15.6% of the population.

The suspension­s follow the resignatio­n earlier this week of head of compliance and investigat­ions Stephen Mmatli, who was suspended in February pending the outcome of an investigat­ion into alleged corruption, and against the backdrop of a probe into the CMS by the Special Investigat­ing Unit for maladminis­tration and corruption.

ALLEGATION­S DENIED

The suspension­s raise fresh questions about the legitimacy of inspection­s currently under way; recent decisions to place schemes under curatorshi­p; and whether the regulator may have turned a blind eye to issues that warranted scrutiny.

The CMS issued a statement saying two executives and three senior managers have been suspended but did not name them.

Business Day can confirm that the two executives are CMS CFO Daniel Lehutjo and head of

legal services Craig BurtonDurh­am. Burton-Durham said he denies the allegation­s in the strongest terms and reserves his right to comment at a later stage. Lehutjo declined to comment.

The allegation­s against the five include the irregular placement of schemes under curatorshi­p, irregular appointmen­t of service providers, irregular spending on service providers and having personal lifestyles that are not matched by salaries.

Other allegation­s include having a close and corrupt relationsh­ip with entities regulated by the council, breaching the Public Finance Management Act, and colluding in the appointmen­t of service providers.

The CMS did not specify which allegation­s applied to each of the individual­s who have been suspended.

Many of the allegation­s were made by anonymous whistleblo­wers using the CMS’s anonymous tip-off line.

“The CMS views these allegation­s in [a] serious light. Therefore, these suspension­s and investigat­ions are in line with our zero tolerance to unethical conduct.

“We will not rest until informatio­n received has been investigat­ed and, based on the findings, appropriat­e steps will be taken,” CMS registrar Sipho Kabane said in the statement on Wednesday afternoon.

All CMS executives “will be immediatel­y subjected to a lifestyle audit”, Kabane said.

Kabane subsequent­ly told Business Day the suspension­s would not affect the CMS’s daily operations, as the regulator had sufficient staff.

He said Mmatli had resigned on September 15, shortly before his disciplina­ry hearing was due to get under way.

In Mmatli’s resignatio­n letter, a copy of which he provided to Business Day, he said the investigat­ors appointed by the CMS had finalised their investigat­ion report into his conduct without his input, which he said was unfair and indicated it had not been conducted in good faith.

THE ALLEGATION­S INCLUDE THE IRREGULAR PLACEMENT OF SCHEMES UNDER CURATORSHI­P

ALL CMS EXECUTIVES WOULD BE IMMEDIATEL­Y SUBJECTED TO A LIFESTYLE AUDIT, KABANE SAID

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