Businesswoman disappointed after Zondo ignored discrimination evidence against Gems

A businesswoman has been left disappointed after Chief Justice Raymond Zondo allegedly snubbed her affidavit and evidence about Government Employees Medical Scheme (Gems) discrimination against her husband.

This was after Ntebeng Mokoditoa allegedly made her submission to the State Capture Commission of Inquiry on how Gems “unfairly” terminated the contracts and membership of her husband.

She said this was influenced by racism, corruption, violation of the Constitution, forgery and bogus investigations, which resulted in Gems’ unconstitutional and unlawful termination of their business membership.

As a result, her husband Alfred, who is the owner of Amalig Pharmacies, had to close down one of his pharmacies. This was after he was accused of dispensing medicine in one of his famous pharmacies, Tshwane Pharmacy.

He was also forced to close three other pharmacies.

However, Mokoditoa said the termination was a breach of the medical aid contract and was in contravention of section 57(1) of the Act.

Asked to confirm if the commission received the information and what happened with it, secretary Itumeleng Mosala did not respond.

Mokoditoa is not the first person to complain about Zondo snubbing their evidence. Earlier this year Independent reported that former Transnet executive and state capture-accused Iqbal Sharma’s affidavit, which implicated President Cyril Ramaphosa, Thuli Madonsela, Maria Ramos and Transnet board members from 2006/07, Trevor Manuel, Pravin Gordhan, Gill Marcus, Moira Moses, Mafika Mkhwanazi, the late Don Mkhwanazi and SAP Shipyards, Doris Tshepe, Brian Joffe and the 2006/07 Bidvest board, Sybrand Pretorius, Pradeep Maharaj, and Chris Wells, was ignored.

Sharma alleged that Transnet favoured one company to win tenders, Bidvest and Transnet may have committed fraud, and Transnet and Public Protector’s office conspired to squash and not implement the forensic report initiated by Madonsela.

Last month the paper also reported that business partners Yusuf Cassiem and his wife Charlnita Cassiem accused Zondo of snubbing their affidavit and evidence submitted to the State Capture inquiry to probe corruption and money laundering involving medical aid schemes.

In an affidavit, Mokoditoa said she reported the matter to the Council for Medical Schemes (CMS), but the council failed in its duties to hold Gems, its trustees, and its principal, accountable.

She said this started when Gems appointed Ernst & Young and Tshepo Forensic Services Consortium to conduct fraud investigations against Tshwane Pharmacy in December 2010.

Mokoditoa, who was a shareholder at Gems, said an investigator who was employed by Tshepo Forensic Services accused Tshwane Pharmacy of defrauding the scheme of an amount of R13 629.23, and opened a criminal case which was closed due to lack of evidence in terms of Regulation 6(4) of the Act by the National Prosecuting Authority (NPA) on May 2013.

She said the investigator relied on the affidavits deposed by 12 members of Gems against Tshwane Pharmacy. She said the evidence obtained by the investigator was nothing but a “bogus investigation”. She further described it as malicious, incompetent, racist and unlawful.

Mokoditoa said despite listing 43 alleged transactions and interviewing 12 Gems members, not even one of the transactions was linked to her husband. Even the Gems members’ affidavits did not identify him as the person responsible for the alleged fraud.

“There is no evidence that my husband was actively dispensing medicine or even present in the pharmacy at the relevant times.

“We submit to this commission that the investigation conducted and the evidence obtained was nothing but a bogus investigation,” read the affidavit.

Mokoditoa further said: “According to my husband, Tshwane Pharmacy has never received any complaints from all 12 Gems members regarding the claim in dispute. In fact, the scheme issued statements to its members in terms of Regulation 6(5) and never invoked section 59(3) of the Act against the Pharmacy regarding the R13 629.23 in dispute. This is contrary to the affidavit of the investigator,” she said.

Mokoditoa told the commission that the actions of the investigator denying her husband the right to be heard was enough evidence proving violation of section 33 of the Constitution.

“We further submit that his actions of questioning patients at their homes and workplaces amount to harassment. His actions have racist connotations as these actions were not performed on white people who are members of Gems and also patients of Tshwane Pharmacy,” Mokoditoa said.

Asked to comment on the allegations, Ernst & Young and Tshepo Forensic Services did not comment.

Mokoditoa said Gems placed Tshwane Pharmacy on indirect payment following the evidence obtained by the investigator. She said an amount of R197 683.18, which was due to the pharmacy, was unlawfully paid directly to the scheme members instead of Tshwane Pharmacy in terms of section 59(2) of the Act.

“We submit to this commission that the intention and the aim of the scheme using the so-called evidence to place Tshwane Pharmacy on indirect payment was to financially cripple my husband’s pharmacy business,” she said.

She said this resulted in an unlawful termination of her husband’s membership.

Gems principal officer Stanley Moloabi said: “This matter is before the court for consideration and GEMS is not in the position to comment until the matter has been heard fully by the court.”

CMS spokesperson, Stephen Monamodi, said the allegations contained in the affidavit are largely sub-judice and “therefore we shall await the judicial process to be finalised before we can pronounce our position”.

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