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Cuban doctors claim discrimination
Jillian Green. Independent
Online, South
Africa, November 24 2004.
Their arrival was seen as a God-send but
now, almost 10 years later, Cuban doctors
working in South Africa claim they are being
discriminated against.
In fact, many claim they face dismissal
from their posts "without any justification".
And as a result of this "discrimination
and unfair treatment" about 150 aggrieved
Cuban doctors working in public hospitals
and clinics around the country are considering
taking legal action against the national
department of health.
Dr Frank Delvalle, a Cuban doctor stationed
at Cradock Hospital in the Eastern Cape,
is one of the many doctors who has been
dismissed.
Delvalle, one of two permanent doctors
at Cradock Hospital, was dismissed last
year but took the matter to court and was
granted an interdict preventing the department
from firing him.
The case is still pending.
"There was no justification. I arrived
at work one morning to find a letter indicating
that my services were no longer required,"
he said.
Delvalle has been working in state hospitals
around the country for the past six years
and has witnessed the critical shortage
of medical staff first hand. "This
is a huge problem and I cannot understand
why the department is dismissing doctors
who are willing to work."
Delvalle and his colleagues feel they have
"become victims of an agreement between
South Africa and Cuba that (has) failed
to live up to its expectations".
A statement by the doctors highlights
a number of the problems they have experienced
which include: the unilateral cancellation
of contracts between Cuba and the doctors
by the Cuban authorities; termination of
employment contracts by the department of
health; ignorance among Cuban doctors regarding
the conditions of the contract between South
Africa and Cuba; inability of Cuban doctors
to successfully apply for permanent residency;
and restrictions imposed on Cuban doctors
to write an examination to confirm registration
with the Health Professions Council of South
Africa after 10 years of service in the
public sector.
If the doctors institute legal action against
the health department it will not be the
first time this has happened.
In 2003, the Braamfontein labour court
ordered the Limpopo health department to
reinstate seven Cuban doctors whose services
were terminated.
The doctors were allegedly fired after
a letter was sent to the Limpopo health
department in which it was claimed that
the Cuban minister of public health had
stated that doctors requesting SA citizenship
be dropped from the programme.
In another case, the Pietermaritzburg High
Court ordered the health department to reinstate
Cuban doctor Raul Rodriquez Vazquez, who
was fired for marrying a South African.
The judgment implied Cuban doctors could
marry South Africans without fear of being
fired.
Delvalle said the group of doctors and
their legal representative were gathering
all the necessary information and documentation
before instituting legal proceedings.
However, health department spokesperson
Sibani Mngadi said the department believed
it had been a fair employer and had not
violated any of the contracts.
"In terms of the agreement, Cuban
doctors are employed on a fixed contract
for three years. At the end of the period,
the health department makes transport arrangements
for the doctor to return to Cuba. According
to the agreement, the doctors have to go
back to their country and then apply to
be part of the programme again," he
said.
Mngadi said the problems concerning the
termination of the contracts arise out of
a lack of understanding of the agreement.
"We can provide the documents which
detail the conditions of employment for
Cuban doctors to anyone who needs to clarify
these issues."
Meanwhile, the South African Medical Association
(Sama), to which many of the Cuban doctors
belong, has come out in support of its members.
Sama spokesperson Magda Naude said the
association believes that Cuban doctors
who are eager to work in South Africa could
be utilised better to relieve the burden
on the public health sector.
"(We) wish to see the matter resolved
and support an alternative approach of discussions
between the affected doctors and the departments
of health and home affairs in an effort
to resolve the matter."
The first Cuban doctors arrived in South
Africa in 1996 to relieve a skills shortage
in state hospitals.
Mngadi said there were 173 Cuban doctors
in the country at the moment. For some of
the Cubans the initiative is working. It
allows them to earn well above their earning
potential in their homeland - and to carve
out a good life in the country while they're
here.
The government is considering applications
from at least 17 Cuban doctors for permanent
residence in South Africa. "The (health)
department will finalise this matter based
on the merit and demerit of each individual's
case."
The department of home affairs is considering
the requests in line with the Immigration
Act, which allows for foreign nationals
who have been in South Africa for a minimum
of five years on a valid work permit to
apply for permanent residence.
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