The financially embattled Gauteng Health Department has warned employees it will recover some of the billions in damages claims it is facing from those responsible for the medical negligence, says a Times Select report.

In a recent staff circular, department head Professor Mkhululi Lukhele says the department ‘cannot continue’ to allow a situation where legal claims stand at half of its annual budget of R50.8bn.

Recent figures show it is facing claims of R29bn.

MEC for Health Dr Bandile Masuku was reported as saying the department’s finances were ‘severely strained’.

‘We are using money meant for goods and services on litigation,’ he said.

In the circular, Lukhele said the claims were mainly due to the negligence of employees who did not adhere to the various rules and prescripts when executing their duties.

‘It is trite law in SA that an employer will be vicariously liable for the negligent acts of its employees. But what if the employee deviated from the norms?’

He referred to case law that stated if an employee were found to be negligent, the head of the department had a duty to recover losses or damages from that employee.

‘Treasury guidelines say the department can recover outstanding amounts in instalments. The collection period must be realistic – between 12 and 36 months – taking into consideration the financial position of the employee and potential hardships.’

He said in cases where the employee denied liability, those would be referred to the state attorney ‘for legal action’, should it be deemed economical.

Full Times Select report (subscription needed)