Attorney Michael de Broglio on: South Africa, Law, Politics, Attorneys, Sport, Photography, Technology, Gadgets, Media, Crime, Road Accidents Fund,
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I was horrified to hear that certain parts of the National Health Act have recently been signed into law and that the government is currently consulting on regulations in that regard. Horrified, because what these sections provide is that Doctors, before opening a practice in an area, from 2016, will have to get a certificate from the government that there is a need for a healthcare practice in that area. In other words, if they apply in an area where there is no need, which would presumably be much of the northern suburbs of Johannesburg and Sandton, where there are a number of Doctors, they will be told that they cannot practice there. They will have to look and see whether or not there is a shortage of doctors in Ventersdorp or perhaps somewhere in a township in Mpumalanga. I fully understand the good thoughts and the idea that goes into legislation like that. Would it not be a wonderful world if we could have doctors where we need them, and everybody has the right to having a Doctor?
Unfortunately, that is a utopian idea that probably has its roots in communism. There are very few people who study at University, for 7 years, who then go through the hardships of being a locum that are going to be interested in being told that they cannot practice in a lucrative area, but in fact have to go to a small town and start practicing there or worse, a poor township. That is an economic reality and that is why governments often fail spectacularly when they try to control the market, because the market has to be left to itself to a large extent, although some regulation is always needed, to control itself. The government can make all the laws they want, but all that will happen is that the people who will apply for a certificate to practice in an area where they want, and be rejected, will by and large simply decide to emigrate. So, they will not go to Mpumalanga or Limpopo, but they will go to London or Miami or possibly Perth.
Our country will lose more qualified and educated people, our tax base will lose yet another productive and highly skilled worker who pays a decent amount of taxes and the poor will not be any better off. There must be other ways to achieve those goals and normally those other ways would perhaps involve a government hospital paying higher salaries to be in less attractive areas. That after all is how oil rigs or mines in the outback of Australia work. They know it is not a desirable place to work and they pay far higher salaries to those types of workers who will agree to go and work there than the salaries that would be available in the middle of a beautiful city where everybody would like to live and work. If you want people to go to a less attractive location with less wealthy people, and less of the attractions of a major metropolitan area, you need to pay them more money. Focus on getting the economy right, reducing the unemployment rate and getting everyone working and many of these other problems will be resolved – without you having to try and legislate and force professionals to go and work in areas where you say you need them.
Posted by Michael de Broglio on Wednesday 04-Jun-14
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Comments
Jade said:
on Wednesday 04-Jun-14 05:33 PM
The brain drain is a very real problem in South Africa.
I also noticed, when I was working for an immigration lawyer, that the immigration laws of SA are so stringent that medical practitioners from overseas have a difficult time moving here to practice. We aren't letting professionals in easily and we are chasing away our own professionals.
Helen said:
on Wednesday 04-Jun-14 04:58 PM
This is very strong routs to communism, lets taxed more employed educated people and maybe give to pour people from townships who are for "Equal work and equal paid! ". Let's come up with new rules and law in the country to make more difficult conditions for people who already spend so many years and money on education. It is very sad that so many doctors/ teachers/ scientists already left oversees and it is only the beginning.
Sorea said:
on Wednesday 04-Jun-14 04:16 PM
All these restrictive measures that our government is taking might have good intentions, but I do not know of any professional that has spend all the time and money on tertiary education that will, willingly, place themselves in a position where their income will not reflect the effort put into the qualification. Like so many have commented, all that will happen is that they will get the education in South Africa, pay for it in Rand, which will work out cheap enough, and move overseas where they will then be paid in Euro, Dollar, Pound, etc.
Not a way to build up the professional base of your country. And it will not change.
Kaylee said:
on Wednesday 04-Jun-14 03:56 PM
The sad reality is that we are loosing more and more doctors to immigration. I don't think this seems fair that doctors cannot practice where they want to practice, but I guess at the same time poverty stricken areas really do need doctors. I am ultimately torn on this one
Safia said:
on Wednesday 04-Jun-14 01:03 PM
hopefully they will do away with such a "clever" idea. They have got to give higher salaries to doctors and nurses working in public hospitals.The same should be done with teachers! teachers deserve higher salaries,they are teaching future generation that will enter workforce in 10 years time.In Finland they fired all teachers 20 years ago,then made the exams very difficult so only truly committed and clever people could be qualified as teachers.Then they increased the salary to the level of a private doctor. the result: Finland has the most educated population now and the scholars are considered the happiest in the world.Here in SA, many kids of 9-11 of age can hardly read, it is a disgrace to the educational system!
salomie said:
on Wednesday 04-Jun-14 11:50 AM
this will cost our country dearly should this take place, not only in money but also in the profession, qualified doctors are hard to find no matter where you live. By placing restrictions on where the new dr. may practice will lead to more problems then solutions
Juliet said:
on Wednesday 04-Jun-14 10:24 AM
It is so sad how time and money is wasted solving fictional problems instead of diving in and solving the real problems of the country like child abuse and starvation. This legislation will just increase emigration. Nothing good accomplished.
Elektra said:
on Wednesday 04-Jun-14 10:00 AM
Wow, I was not even aware such legislation was even being drafted. (need to read up a little more on such information) This is yet another poor decision and a loss to our country, I personally would not like to study half my life away to be told where I will most likely have to work, As you stated, such professionals would probably immigrate, I would as well if placed in the same situation.
david said:
on Wednesday 04-Jun-14 09:55 AM
it appears, unfortunately, that our 'government' will not be happy until they have driven all the educated professionals out of this country. i wonder who will pay all the taxes that fund government grants? it would appear that the anc will not be happy until they have driven SA into a deep, dark pit of poverty and despair.
Alexis said:
on Wednesday 04-Jun-14 09:50 AM
This is the sad reality - a lot of professionals leave this country because it is not desirable to work here and SA often nothing to make them want to stay. You cannot force a person to do what they do not want to do - and the gov is going about it in the completely wrong way
Brumilde said:
on Wednesday 04-Jun-14 09:50 AM
Clearly this was a 5min idea that came up and no one thought hmmm 'what can go wrong with this'. if you decide to open a practice in a poor rural area then either people wont come because they don't have to money to pay or they will come and you have to beg for the payment
Jessica said:
on Wednesday 04-Jun-14 09:49 AM
This is so not right, it should be the doctors right to choose after studying all the years that they do, where they would like to be situated. It is actually going to cost us more great doctors I think.
Lucretia said:
on Wednesday 04-Jun-14 09:48 AM
Yet another area our government is meddling in which will go wrong. My daughter, for one, is a qualified physiotherapist and is tired of being messed around with applications for her practice number, information from the various bodies she is to belong to. She, for the first time, is contemplating emigration. Another qualified professional tired of inefficiencies.
Johannesburg based attorney specializing in personal injury matters including Road Accident Fund claims and medical negligence matters. My interests include golf, reading and the internet and the way it is constantly developing. I have a passion for life and a desire for less stress!