Dr Wouter Basson appeals HPCSA misconduct charges ahead of 2026 hearing

Dr Wouter Basson, the former apartheid-era chemical weapons programme leader, is challenging the Health Professions Council of South Africa (HPCSA) in court to drop long-standing misconduct charges against him. The 75-year-old cardiologist argues that the proceedings, stemming from his role in Project Coast, are unfair and prejudicial after decades of delays. The case is set for argument in February 2026 in the Gauteng Division of the High Court in Pretoria.

Dr Wouter Basson, known as “Dr Death” for his involvement in the apartheid regime's Project Coast chemical weapons programme, faces renewed scrutiny from the Health Professions Council of South Africa (HPCSA). The council filed misconduct charges against him in 2000 related to his activities as the programme's leader. Over two decades, the disciplinary hearings have been plagued by interruptions and legal challenges.

In 2019, the Constitutional Court ordered the original adjudication panel to recuse itself due to bias. Following this, the HPCSA issued notice in 2024 to restart proceedings with a new panel. Basson is now appealing this decision in the Gauteng Division of the High Court in Pretoria, seeking to have the charges dropped entirely.

In his affidavit, Basson contends that the complaints were lodged about 20 years after the alleged conduct by individuals without personal knowledge of the events. He notes that 25 years have passed since the filing. Furthermore, he highlights that the misconduct charges mirror the criminal ones on which he was acquitted in 2002, with subsequent appeals dismissed by the Supreme Court of Appeal and the Constitutional Court.

Basson argues that continuing the case would cause him severe prejudice, infringing on his rights to a fair hearing, fair administrative action, freedom of trade and profession, privacy, and liberty.

The HPCSA's head of legal and regulatory affairs, Prenitha Kantha Padayachee, counters in her affidavit that the council, as guardian of the medical and dental professions, must act on prima facie evidence of misconduct. She details the case's history since 2000 and attributes delays partly to funding disputes, including Basson's attorneys awaiting confirmation from the Department of Defence for legal cost coverage.

An internal HPCSA memo from 10 June 2020 reveals the council considered halting the prosecution due to costs, having already spent about R5-million. However, it decided to proceed amid concerns over public scrutiny. The matter is scheduled for argument in February 2026.

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