Bhagat an imposter-BHPC

ISAIAH MOREWAGAE
Staff Writer | Friday July 2, 2010 00:00

BHPC, together with some health practitioners are facing a P9, 300, 000 lawsuit by Bhagat for discrediting his credentials as a cardiologist alleging that he is only a general physician. Bhagat has maintained that he is a specialist physician whose area of speciality is cardiology.   BHPC suggests that Bhagat may be using the identity of one Dr Kaushik Kumar B Bhagat who was registered as a specialist physician in 1996. An affidavit filed by the council, along with its 13 members, states that 'the person registered as a Specialist Physician in 1996 was one Kaushik - Kumar B Bhagat'. They further claim that those particulars were altered in 2006 from the names of Kaushik-Kumar B. Bhagat to that of Dr Kiran Bhagat.

The council states that Dr Kiran Bhagat 'has therefore never been lawfully registered' with the council in accordance with the provisions of the Botswana Health Professions Act and that their Director was in error in so far as Bhagat had not complied with the provisions of section 9 (4) of the Act and that, therefore, the permission was contrary to the provisions of the Act.

Their Director, the affidavit said, was labouring under a mistaken but honest belief that Bhagat was entitled to be granted the permission when, in law and in fact, Bhagat was not entitled to such permission.  The permission, the affidavit said, was contrary to their Act and that therefore it was unlawful, having no force or effect and liable to be revoked or set aside. It further says that Bhagat had all along purported to renew his registration as a general physician and not as a specialist physician as alleged. It further denies that there was any clerical error in designating Bhagat general physician in so far as Bhagat himself on an annual basis applied to renew his resignation as a general physician.

The signature of DR Joseph Makhema, designating Bhagat as a specialist physician, was in error as it was done at the time Bhagat requested the registered person's names, namely Kaushik-Kumar B Bhagat, to be altered to his own and that Makhema was labouring under a mistaken but honest belief that the alteration was as to names only and not the type of registration.

They say that Dr Makhema denies that he was aware that Bhagat was a specialist physician, which matter Bhagat relies on Makhema's signature on his certificate.  They say between 2005 and 2008, the Council was engaged in the process of collecting relevant registration documents from all health professionals and a general audit of the documents in possession of the council resulting in call-ups for updates at various stages.

The affidavit says that the Council reviewed Bhagat's documents and considered historical information and correspondence under Registration Number 1B-53 (blue cards) and discovered the following: That in 1996, when Bhagat was purportedly registered with the Botswana Medical Council, his qualifications were MBChB and MRCP and, thus, he would not have been eligible for registration as a general physician.

Further that he has never requested the Council to change or upgrade his profession or registration status from that of general physician to any other until he was requested to regularize his registration with the Council.  That the Council had required Bhagat to regularize his registration as a cardiologist in so far as no such registration has been made by the Council with respect to Bhagat, whilst he purported and held himself out as a consultant cardiologist.  That the Council was obliged to apply the provisions of the Act with respect to the registration of Bhagat as a cardiologist and that Bhagat had applied with full knowledge that he had been practicing and holding himself out as a cardiologist when he had not been registered in accordance with law to practice as such.

That the request by the Council was calling upon Bhagat to comply with the provisions of the Act and that Bhagat's application was an acknowledgement that Bhagat was not in compliance with the law in so far as he practiced or purported to practice cardiology without registration under the Act.  Further Botswana Health Professions Council never lawfully registered with Kiran Bhagat in accordance with the provisions of Botswana Health Professions Act. 

High Court Judge Justice Michael Leburu will on September 6, hear the P9 million-defamation suit by Dr. Kiran Bhagat against BHPC.  Thirteen doctors and the BHPC are cited in the P9, 300, 000 lawsuit. The BHPC is cited as the first defendant, then reads the following respondents, Dr Joseph Makhema, Dr Brighid Malone, Dr Ikopeng German, Prof Thomas Massaro, Dr K. Kgosibodioba, Dr Thato Moumakwa, Felicity Gochani-Sebeso - a dietician and Assistant Registrar of BHPC, Tshegofatso Mabeo, a physiotherapist, M. Ntsabane, a social worker, E Palai, a dentist, Boago Modiitsane, an optometrist, pharmacist Richard Leepo and Duncan Thela, also a pharmacist.

In his defense, Bhagat's lawyer Peter Collins says that the Botswana Medical Council [a regulatory authority established under the medical, dental and pharmacy Act MDPA), Cap 61:02,] registered and certified Bhagat as a Specialist Physician.

On 18th February 2002, the director of Health Services granted Bhagat permission to set up a Cardiology Private Practice in Gaborone.

Collins argues that Bhagat's certificate issued by the MDPA remained valid even after the MDPA was replaced by the Health Professions Council in terms of section 19 (3), which says that the repeal of the body does not invalidate any registration validity effected under or in accordance with the provisions of the act, or any certificate issued under the Act or any decision of the Council or other body properly constituted under the Act.  Peter Collins represents Bhagat, while Kagelelo Monthe of Monthe Marumo law firm is representing BHPC.