In auditor-general Tsakani Maluleke’s latest report she revealed claims paid by the Free State health department due to medical negligence and malpractice totalled R23.56m for the 2024/25 financial year. The total estimated value of claims at year-end totalled R5.24bn, an increase of R322,61m from the previous year.

Outstanding claims places significant pressure on an already strained fiscus and has devastating consequences for the delivery of healthcare services across the province, said DA MPL David Masoeu. “We have submitted questions to the MEC for health, Monyatos Mahlatsi, seeking clarity and accountability on the medico-legal claims against the department.

“Funds that should be directed towards critical service delivery, addressing the shortage of ambulances, filling vacant medical posts, and improving patient care, are instead being diverted to settle claims that could have been avoided.”

The increase in outstanding claims between the 2023/24 and 2024/25 period was “indicative of the department’s failure to meaningfully address issues within the department,” said Masoeu. “The AG flagged severe leadership challenges as well as financial and performance challenges.”

Meanwhile, the department acknowledged the contingent liability balance disclosed by the department as at 31 March 2025 was R5.7bn.

“Included in this amount are medico-legal claims to the amount of R5.2bn,” said provincial health spokesperson Mondli Mvambi. “This comprises a total of 399 medico-legal claims that have incident (from) 1998 up to 31 March 2025.”

The department has paid R23.5m for ten medico-legal cases that were finalised in the 2024/25 financial year. It had fruitless and wasteful expenditure of R5.661m in its audited AFS for 2024/25, mainly relating to interest paid on overdue accounts.

The department did not have any unauthorised expenditure for the 2024/25 financial year and has managed to reduce the total due for accruals and payables not yet recognised compared to the 2023/24 financial year, Mvambi said. It does not have a good financial position, he admitted, but measures are in place and the situation is improving steadily.

OFM News/Kekeletso Mosebetsi sm

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