Africa-Press – South-Africa. A Richards Bay surgeon appeared in court just over a week ago on a charge of murder relating to the death of a patient in 2019.
In a move that has shocked the medical profession, KwaZulu-Natal police spokesperson Lieutenant-Colonel Nqobile Gwala said the man was arrested on 26 August, and appeared in the Richards Bay Magistrate’s Court on the same day.
The surgeon was granted R10 000 bail during his court appearance and the case was postponed to 4 October.
Gwala said it was alleged that on 22 August 2019 at 12:00, a 35-year-old woman died at a hospital in Richards Bay after surgery.
Her death is still being investigated.
Comment was not immediately available from the doctor, who has been identified by the Zululand Observer as Dr Avindra Dayanand.
The KwaZulu-Natal-based publication reported the case related to the sudden death of Monique Vandayar, a popular businesswoman in Richards Bay.
Her husband, Gary, told News24 he would rather not comment since it was an ongoing case.
Charge condemned
However, the SA Private Practitioners Forum, Surgicom, and Association of Surgeons of South Africa condemned the unprecedented move of charging a doctor with murder before Health Professions Council of SA (HPCSA) processes were completed.
In a joint statement, they called on the National Prosecuting Authority (NPA) to withdraw the charge.
“Murder implies the intentional and premeditated killing of another human being and is not appropriate for the unexpected death of a patient following medical treatment,” the statement read.
“Deaths which occur post-surgical procedures require investigation in accordance with South African law and, if negligence can be proven, healthcare practitioners should face appropriate sanction.”
The associations warned the implications for healthcare were dire.
The associations said the death of the patient was subject to pending civil proceedings before the HPCSA, but no finding had been determined yet.
“The surgeon has always insisted that the patient’s death, whilst unfortunate, was not due to any act or omission on his part.”
The associations called for HPCSA processes to be completed.
In response to questions from News24, Melomed, where Dayanand had rooms, said the hospital was not included in any civil litigation or criminal case.
“This indeed comes as a surprise and shock to us that such a well-known and prominent surgeon in Richards Bay has been arrested on a charge of murder,” it said.
It continued:
The hospital would not be suspending his practice rights while the case gets under way.
In September 2020, anaesthetist Dr Abdulhay Munshi was shot dead in Norwood, Johannesburg.
Munshi was a co-accused in a case of culpable homicide, along with paediatric surgeon Dr Peter Beale. They were taken to court after the death of Mohammad Sayed’s 10-year-old son after an operation, which Beale performed.
Zayyaan Sayed died in October 2019 at Netcare’s Park Lane Clinic hours after going into surgery.
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