‘BOGUS’ MEDICS
Charges dropped against ‘fake doctor’ Matthew Lani due to lack of evidence
After spending two nights in custody at the Brixton Police Station in Johannesburg, the case against ‘bogus doctor’ Matthew Bongani Lani was withdrawn because of insufficient evidence. However, the NPA said that should evidence emerge of anyone who suffered potential or actual prejudice because of Lani’s actions, prosecution remains a possibility.
‘With what is contained in the docket, as the NPA we could not see any evidence that links the suspect to any alleged offence… You cannot be charged for lying… Lying is not an offence,” said National Prosecuting Authority (NPA) spokesperson Phindi Mjonondwane on Tuesday.
Mjonondwane was speaking after charges against “bogus doctor” Matthew Bongani Lani were dropped due to a lack of evidence. Lani was due to appear in the Johannesburg Magistrates’ Court on Tuesday after he spent two nights in custody at Brixton police station following his arrest on Sunday evening at Helen Joseph Hospital.
Lani was facing charges of identity fraud and impersonating a medical doctor, laid by the Gauteng Department of Health and Dr Sanele Zingelwa, who Lani claimed to be in one of his TikTok videos on an account that had almost 300,000 followers before it was banned.
While the charges have been dropped for now, Mjonondwane said if evidence emerged of anyone who suffered potential or actual prejudice from Lani’s actions they might resume his prosecution.
‘Entertainment’
Lani’s lawyer Dumisani Mabunda said, “Lani has not committed the crime and he is not a doctor by profession and there is no single person that he ever impersonated and neither did he use any doctor details. So he denies all the allegations against him.
“He informed me he would regularly visit hospitals to collect his medication and that’s when he was able to take content that he shared on his TikTok. Except for what he recorded on TikTok, which is social media and that one on its own is not a criminal offence, he was doing whatever he was doing on TikTok for entertainment.”
Mabunda said legal charges did exist for impersonating someone.
“Using Lani as an example, it would have been a problem if ever one individual was saying, ‘I consulted with Matthew’. Or one individual who said, ‘Matthew prescribed such medication for me.’ Or if there is a doctor who comes forward saying, ‘He used my credentials to claim that he is a doctor.’
“The hospitals, the least they could have done was maybe to ban him from going there and taking videos and if he were to continue with that it would be trespassing and they would have a case against him. On the other hand, the least [the Health Professions Council of SA] could have done was to stop him from doing those videos and if he continued that would be a contravention and he would have a case to answer. Without all of that, there is no case against him,” Mabunda said.
After his court appearance, Lani denied prescribing medication to anyone.
On the question of whether he would continue with his TikTok page, under the pseudonym Dr Matthew8, he said, “Maybe, maybe not.”
Lani used his popularity on social media to sell “slimming pills” and offered medical advice on his TikTok page, claiming to be a qualified medical professional.
Read more here: Unmasking TikTok’s bogus ‘Dr’ Matthew Bongani Lani
With the rise of bogus doctors online Daily Maverick asked the Health Professions Council of South Africa (HPCSA) about medical professionals providing advice through social media platforms.
Christopher Tsatsawane, the head of corporate affairs at HPCSA, responded:
“Health practitioners may utilise social media for the purpose of keeping updated on the latest healthcare developments through reputable sources, building a professional network as well as to communicate and share health-related information with the public and to other health practitioners. Sharing general information or scientific data for the sake of treatment or education and training through social media is acceptable.
“Engagements on social media should be done with caution and strict preservation of anonymity of patients’ data. The usage of social media platforms for the purpose of virtual consultations is not acceptable practice. Health practitioners are advised that engagements with the public via social media platforms must be kept professional as failure to maintain professional ethos constitutes an ethical transgression.” DM
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So basically, I can pretend to be anything, but if I don’t actually harm anyone it’s OK?!
Using this logic I could try and commit white collar crime as many time as I like and it’s perfectly OK, as long as I’m rubbish at it and never actually succeed.
This makes zero sense to me – it is the act that is illegal, not the outcome.
The more I think about this the more I serious my concern. I simply cannot believe it is not a prosecutable offence to impersonate a profession, particularly one where the lives of people are potentially at stake.
Mr Mjonondwane – let’s just say for example someone has taken dangerous medication and died because of this man. Are you going to wait for this dead person to come forward before you prosecute?
The thinking here absolutely baffles my brain.
Wow. So, in other words, “There should be a law against it, but if there is one, we can’t find it.”
Questions abound. For instance, if Lani never impersonated Dr Zingelwa, how did the latter’s name enter into the mix in the first place? (Hint: It was reportedly first used as Lani’s claimed “real” identity during a TikTok livestream.) If Lani never impersonated Dr Zingelwa, why was the latter summoned to HR at his workplace and questioned by representatives of SAHPRA regarding a complaint? And if Lani never intended to impersonate Dr Zingelwa, how and why did he obtain all the relevant personal information of a real-life graduate medical doctor?
What, then, is the legal burden of proof for impersonation and why is it seemingly up to Dr Zingelwa to investigate and prove this himself?
I feel that a good journalism publication should be asking these probing questions.