The National Health Care Practitioners Association (NHCPA) has led a charge of racial profiling against medical aids and administrators, but not before it took 19 medical aids to court – and lost, according to a Times Select report. In its application, the NHCPA complained that medical aids spied on doctors using hidden cameras to gather evidence of fraudulent behaviour. But, notes the report, its case took an unintended turn when many of those complaining about racial profiling were found to be engaged in fraudulent activities, as detailed in the medical aids’ responding affidavits. The racial profiling review is being led by Advocate Tembeka Ngcukaitobi SC. The Council for Medical Schemes (CMS) argued in the Gauteng High Court (Pretoria) that NHCPA head Dr Donald Gumede did not have the legal authority to bring the case against it and 19 medical aids, and was not representing health workers. CMS spokesperson Grace Khoza said: ‘We challenged the authority of NHCPA to launch the application on behalf of healthcare practitioners. It is a requirement under the rules of court to satisfy the court that, as a party, you have material interest to the action. Unfortunately, NHCPA failed to establish that and could not even produce the power of attorney that authorised the association to launch this case.’ The NHCPA court papers accused medical aid schemes of behaving like ‘prison warders, prosecutors and police’, and asked the court to stop them withholding payments to doctors and therapists they suspected of submitting fraudulent claims. Gumede at the time suggested medical aid practices were putting innocent health workers out of business. In response to the legal action, some of the 19 medical aids filed papers describing incidents of corruption involving doctors and therapists, some of which are listed in the report online.