It's barely believable, but Dr Ninadu Mafulu is still working for the Gauteng Health Department despite being on bail after being charged for three alleged rapes.

This is according to a written reply by Gauteng Health MEC Qedani Mahlangu to questions in the Gauteng Legislature. According to Mahlangu, "he is precautionary transferred to the Forensic Pathology and Medico-legal Services Directorates doing Clinical Administration".

This is despite the fact that a dismissal verdict was pronounced against him in a disciplinary hearing for sexually harassment of a patient.

Mahlangu's explanation is that "the two tribunals (court and disciplinary hearing) don't influence each other. He is only working whilst awaiting the outcome of appeal as he has appealed against the sanction."

It should be noted that initially the department saw no need for a disciplinary inquiry even after rape charges were laid in December last year. Dr Mafulu was then moved from the Sinethemba Support Centre, which deals with rape victims at the Chris Hani Baragwanath Hospital, to the Medical Legal Centre in Hillbrow which also deals with rape victims.

This whole saga is very disappointing. I am really puzzled why the department has not ensured at all stages that Dr Mafulu is suspended and kept away from work

Statement issued by Jack Bloom, MPL, Democratic Alliance Gauteng health spokesman, October 19 2009

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