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Updated 06 December 2016

Crunch time for HPCSA over Noakes 'guilty' blunder

The tables have turned, with Professor Tim Noakes resolving to take action against the Health Professionals Council of SA – after they mistakenly announced he had been found guilty of misconduct.

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Health24 can confirm that Professor Tim Noakes is gearing up for a showdown with the Health Professionals Council of South Africa (HPCSA), following an embarrassing press bungle declaring him guilty of misconduct.

Alleged unprofessional conduct

It is not the first time that the HPCSA, which is charged with maintaining excellent standards of ethical and professional practice, is mired in controversy.

In what can be described as one of the most closely watched HPCSA hearings yet, Noakes appeared before the council's professional conduct committee over an alleged case of unprofessional conduct.

This was after he advised a mother on Twitter to wean her child on foods low in carbohydrates and high in fat (LCHF) to bring the child in line with the Banting approach.

Read: Did Tim Noakes dispense advice via Twitter, or not?

However, even before the case was fully wrapped up, the HPCSA media team issued a press release in October stating that Noakes was guilty of unprofessional conduct.

The council moved quickly to retract the statement and apologised to Noakes over the incident, but he isn't taking it lightly.

No explanation for blunder

"We have consulted and have resolved to take action," Noakes' lawyer Adam Pike confirmed to Health24.

"The timing and the nature of the action is still the subject matter of discussions," he explained.

Alarmingly, the HPCSA has not been in touch with Noakes or his legal team to explain how the mistake occurred.

Health24 contacted the council, and after being stalled for 10 days, was informed that they were not prepared to comment on the matter.

"The HPCSA cannot provide comment at this stage", said communications manager Priscilla Sekhonyana.

When asked if the press mistake may cast doubt over the hearing process, Pike said it is important to distinguish the HPCSA from the team hearing the charge.

"One should bear in mind that the professional conduct committee is composed of practitioners and members of the public who are not employees or officers of the HPCSA. They are independent of the HPCSA. For that reason, the actions of the HPCSA should not be understood to emanate from the professional conduct committee."

Poor opinion of HPCSA

In fact, realising the seriousness of the HPCSA's media error, the head of the professional conduct committee, advocate Joan Adams, quickly distanced herself from the statement.

"We are of the firm view that the members of the committee are individuals of integrity," said Pike. "We are confident that they will discharge their adjudicative duties independently, in good faith and in a dispassionate manner."

He, however, did not have the same positive opinion of the HPCSA, which has for years been dogged by several complaints.

"Unfortunately, the same cannot be said of the conduct of the HPCSA. The fact that it saw fit to even prepare a press release to the effect that Prof Noakes is guilty is disturbing."

If Noakes is found guilty of unprofessional conduct the committee will impose an appropriate penalty after listening to mitigating and aggravating circumstances.

Judgement expected In April 2017

According to Section 42 of the HPCS Act, the penalties that may be imposed include: a caution or a reprimand or both, a fine, a suspension, payment of the costs of the proceedings or restitution or both.

If the committee finds Noakes not guilty, the matter will be regarded as finalised.

Judgment on the matter is expected to be made on April 21, 2017.

Read: A new report unearths the shocking state of HPCSA

The HPCSA was probed last year over complaints ranging from allegations of administrative irregularities, poor governance and inefficiency to tender corruption.

A scathing 90-page report found that the HPCSA was filled with unfit management who violated a string of procedures and failed to provide leadership.

It recommended that disciplinary action be taken against the chief executive officer, chief operating officer and head of legal services, and that the body be unbundled.

Also read:

Health24's CyberShrink on Noakes' hearing:

Professor Noakes' ridiculous Banting trial – Part I

Professor Noakes' ridiculous Banting trial – Part II

Pro low carb diets:

Tim Noakes on how it works and why this is a lifestyle more than a diet

Tim Noakes diet is put to the test

Video:
why a low-carb diet is good for you

A scheduled high-fat diet may curb obesity

How a high-fat diet can help diabetics

Video:
Tim Noakes talks about his book The Real Meal Revolution

Carb and sugar addiction is fuelling SA's obesity epidemic

Tim Noakes says refined carbs may be toxic

Tim Noakes: the heart disease theory 'has failed'

Tim Noakes: poor children should eat animal organs

Is the Tim Noakes Diet affecting your hair, skin and nails?

Why we get fat, by Gary Taubes

Could the LCHF/ Banting diet help prevent or control ADHD?

Anti low carb diets:

Tim Noakes' critics shun the low carb high fat health summit

Pregnant moms on the high-fat diet may be putting their offspring's life at risk

Why a high-fat diet is bad for the body clock

A high-fat diet could up the risk of pancreatic cancer

High protein diets increase your chances of developing kidney disease

DietDoc asks: why are we always chasing quick-fix diets?Warning issued regarding HFLC and high protein diets

Too much, too soon, Tim Noakes!

Banting/Noakes diet discriminates against women

Noakes slammed by UCT professors

Patrick Holford: banting is dangerous

Heart Foundation's open letter to Tim Noakes

Experts warn against Noakes diet

We debate Tim Noakes on which diet will save the world

 
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