Bergman Ross & Partners (BRP) has denied allegations of unethical business practices and unprofessional conduct raised in a recent IOL article.

The claims, originally stemming from a court application by Dr Thapelo Motshudi, a registered Specialist Radiologist, have been described by BRP as a misrepresentation of the facts and an unfair tarnishing of the company’s reputation.

Bergman Ross & Partners is a radiology practice operating in South Africa since 1995.

“These allegations are baseless, and we are confident they will be dismissed,” said Dr Jack Bergman, Managing Partner of BRP in a statement to IOL.

“We stand by our exemplary record of integrity and fairness. Our working operations remain unaffected by this matter,” he said.

BRP asserts that its business structure aligns fully with the ethical regulations set by the Health Professions Council of South Africa (HPCSA) and that its partnership at Pinehaven, under the Motshudi, Bergman, Ross Radiologists banner, has significantly improved access to radiology services in Mogale City.

The company states that its longstanding commitment to patient care and collaboration with medical professionals remains unwavering.

The practice has engaged legal counsel and has welcomed scrutiny from both the courts and the HPCSA, expressing confidence that a fair review will uphold its integrity.

Furthermore, BRP maintains that the allegations stem from an internal business dispute rather than any broader ethical failings.

Netcare, in its response, stated that it had not been made aware of any concerns from independent radiology practices operating within its facilities until recently.

“It would be inappropriate for Netcare or the hospital to intervene in the operations of independent healthcare providers,” said Nolan Daniels, Regional Director of Netcare Gauteng South West Region.

However, he confirmed that Netcare has initiated inquiries and set up meetings with the involved parties to better understand the situation.

Background to the Allegations

Dr Thapelo Motshudi’s court application, filed at the Johannesburg High Court on January 8, 2025, raised concerns over an alleged breach of an agreement between himself and BRP.

According to the documents, Dr Motshudi had identified an opportunity to establish a radiology practice at Netcare Pinehaven Hospital but faced financial challenges due to a R30 million bank guarantee requirement.

Seeking a partnership, Dr Motshudi approached BRP, led by Dr Jack Bergman and Paul Koski, with the understanding that they would share ownership equally.

However, Dr Motshudi alleges that BRP unilaterally took control of 74% of the practice, reneging on their verbal 50/50 agreement.

“BRP has surreptitiously, and without my consent, appropriated 74% of the equity in our co-owned radiology practice, thereby reneging on our verbal agreement that we would each own 50% of the incorporated company,” Dr Motshudi stated in his complaint.

He further argues that the structure set up by BRP violates HPCSA regulations, which stipulate that a company cannot own more than 24% of a medical practice.

Dr Motshudi has filed a formal complaint with the HPCSA and is seeking an urgent review of the matter, alleging that BRP’s actions are unethical and violate professional fairness and equity.

His legal representative, Boyce M. Mkhize, stated, “We seek a swift determination from the HPCSA to address this unethical conduct and to protect the rights of practitioners who may find themselves in similar situations.”

Ongoing Investigations

Priscilla Sekhonyana, Head of Corporate Affairs at the HPCSA, confirmed that the council is investigating the matter and has been cited as an interested party in the court proceedings.

Meanwhile, the B-BBEE Commission also acknowledged receipt of a complaint related to the case, though it is bound by confidentiality under the B-BBEE Act and cannot disclose details until the matter is finalised.

IOL News