The South African Medical Association Trade Union (SAMATU) says healthcare professionals are legally obliged to cooperate with court and commission proceedings while continuing to uphold their ethical duty to protect patient confidentiality.
The union's comments come as the Madlanga Commission prepares to subpoena doctors who treated North West businessman Sulieman Carrim after questions were raised about the medical grounds on which he sought repeated postponements to testify.
Chief Evidence Leader Advocate Matthew Chaskalson told the commission that whistleblowers had reported seeing Carrim at a shopping centre in the Western Cape, where he was allegedly shopping and having lunch despite claiming to be medically unfit to appear before the inquiry.
The commission has also been informed that video footage supporting the claims will be submitted as evidence.
Carrim has been granted several postponements by the commission after allegedly suffering a heart attack. However, the commission is now seeking to verify his medical condition and the extent of his illness by subpoenaing the healthcare professionals who treated him.
SAMATU President Dr Tshilidzi Sadiki said doctors must comply with lawful requests for information while ensuring that patient confidentiality is protected within the limits of the law.
"The correct approach is to respect the legal process while ensuring that patient privacy is protected as far as the law permits. That balance is essential to maintaining both public confidence in the justice system and trust in the doctor-patient relationship," Sadiki said.
The Madlanga Commission is expected to hear Carrim's latest application for a postponement as it continues its investigation.