Mphengoa Phooko

Full Profile

Mphengoa's primary focus for has been representing clients in the healthcare and employment sectors.  Mphengoa also has extensive regulatory law experience.

Within the healthcare sector, she represents clients in medical negligence claims and professional conduct.

She has previously been appointed as investigator within the healthcare sector involving allegations of kick backs and perverse incentives. In this role she was required to consult with implicated parties, obtain statements, draft witness statements, analyse documentation, prepare reports and present same to the relevant clients.

Mphengoa provides a range of assistance to clients on employment issues, including conducting investigations on misconduct and initiating disciplinary proceedings on behalf of clients, advice on employment equity, collective bargaining, advisory work on retrenchments, transfers of business, voluntary separation  and labour litigation. 

Mphengoa obtained a B Proc from the University of Limpopo and her LLB and LLM from the University of Pretoria and was admitted as an attorney in July 1997.  She has the right of appearance in the High Courts of South Africa.  She is a trained mediator who believed in the amicable resolution of disputes other than through the courts.

Experience

• Conducted investigations on the payment of kickbacks to specialist medical practitioners for referral of patients to radiology and pathology practices.  These investigations paved the way for the development of regulations on financial interest in healthcare establishments by medical practitioners. 
• Served as project manager, appointed by the Department of Rural Development and Land reform, managing a project to provide legal assistance to indigent farm dwellers against evictions, institution of land claims and labour tenancy claims.  The project is important to the South African government in that it assist the government in achieving one of its strategic goals of restitution of land and securing tenure for farm occupiers.  The project also protects vulnerable occupiers who face the real risk of eviction without due process.
• Investigated misconduct by the Chief Operations Officer of a regulatory body.  The employee involved resigned on receipt of the charge sheet.
• Advised an insurer and made written submissions on draft regulations in healthcare insurance, which sought to exclude insurers that were not registered in terms of the Short-Term Insurance Act in South Africa.  Following the representations, the draft regulations were withdrawn.
• Appeared at the CCMA in arbitration proceedings on various matters including section 189 dismissals, dismissals for misconduct, jurisdictional matters and unfair labour practice referrals.
• Advised on section 197 transfers of business and implication on affected employees.
• Advised on retrenchment, voluntary severance and procedures to be followed on retrenchment.
• Advise an international entity establishing new entity entering South Africa labour market on compliance with the Basic Conditions of employment Act.
• Reviewed and drafted employment policies and procedures for a public entity, to bring the policies in line with legislative developments.
• Chaired disciplinary hearings and Appeals Committee hearings and drafted determinations as well as acted as facilitator in labour relations disputes between employer and employee groupings plus drafted recognition agreements.
• Initiated disciplinary proceedings against the head of procurement of a regulatory body. For failure to develop a procurement policy in line with the Public Finance Management Act.
• Conducted misconduct investigations where the COO of a regulatory body was under investigation for misconduct.  The COO resigned after receiving the charge sheet.
• Represented clients in arbitration proceedings before the Labour Court.
• Advised client on temporary employment services and obligations flowing from the use of temporary employment service providers.
• Representing healthcare practitioners in HPCSA investigations and hearings.
• Representing healthcare practitioners in complaints before the Office of the Health Ombud.
• Represented clients on various maters in the High Court including review applications, appeals and  civil claims for damages.
• Currently serving on the investigations committee of the Legal Practice Council and as chairperson of the Appeals Committee of the Nursing Council.