Life Healthcare has failed in its bid to overturn a ruling over Cape Town oncologist Dr Louis Kathan’s practising privileges, with a Western Cape High Court judge finding the hospital group had failed to prove misconduct that justified terminating them.
Judge Derek Wille refused Life Healthcare Holdings and Life Vincent Pallotti Hospital leave to appeal, finding there was no reasonable prospect another court would reach a different conclusion.
The September 16 judgment follows a court fight over Kathan’s practising privileges, which were terminated after allegations that he made homophobic, racist and sexist remarks while at the hospital.
Kathan disputed the allegations.
But it was Life Healthcare’s handling of the matter and the case it put before the court that came under scrutiny in the latest judgment.
Wille said the hospital group had initially chosen one course, then “changed tack altogether” and ultimately “failed to prove misconduct justifying termination”.
He was also critical of its application for leave to appeal, describing the grounds put before him as “indiscriminate, overlapping and randomly presented alleged errors”.
Hospital policies came under scrutiny
At the centre of the dispute was how Life Healthcare used its own policies when it terminated Kathan’s practising and admission privileges.
The earlier judgment found that the hospital had used the incorrect policy instrument and that the evidence before it did not establish misconduct that warranted cancelling Kathan’s privileges under the contractual framework.
Life Healthcare had argued that its policies allowed it to immediately terminate a doctor’s privileges for unacceptable behaviour or conduct considered detrimental to the hospital.
Wille found the provision relied on was intended for exceptional circumstances where a doctor’s continued presence at the hospital was untenable.
But Life Healthcare did not immediately terminate Kathan’s privileges.
Instead, it followed a process over a period of time and delayed implementing the termination for several months.
Evidence did not establish misconduct
The evidence used to support the allegations against Kathan also came under scrutiny.
According to the judgment, Life Healthcare relied on hearsay affidavits from people who did not have first-hand knowledge of the alleged conduct.
Wille found the affidavits could explain why a disciplinary inquiry was started, but did not prove misconduct that justified terminating Kathan’s contractual practising privileges.
The dispute has also affected cancer patients who wanted to continue receiving treatment from Kathan.
Seventeen patients separately went to court after the termination of his privileges affected their ability to receive treatment from him at Life Healthcare facilities.
They succeeded in having the decision declared invalid in April 2025.
Patients’ case remains separate
The patients’ case and Kathan’s application are separate, although the matters overlap. The September judgment records that leave to appeal has since been granted in the patients’ matter.
In refusing Life Healthcare leave to appeal in Kathan’s case, Wille found the application disclosed “no appealable error of law or fact” and had no reasonable prospects of success.
Life Healthcare and Life Vincent Pallotti Hospital were ordered to pay the costs of the application, including the costs of two counsel.
Liesl van der Schyff
iol.co.za