Health Professions Council of South Africa v De Bruin

Dr Dewald de Bruin, a medical practitioner and trainee urologist, engaged in a romantic relationship with a 21-year-old university student, Ms Lioni Kühn. When she became pregnant in 1993, De Bruin undertook to procure an abortion himself. Over several months he repeatedly attempted to induce an abortion by administering medication and performing invasive physical procedures in non-clinical settings, using inappropriate instruments and inadequate sedation. These attempts caused the complainant severe physical pain, emotional trauma and risk to her life. Ultimately, a late-term abortion occurred following De Bruin’s direct intervention, after which the complainant suffered significant bleeding and shock. De Bruin showed little remorse or support thereafter. A disciplinary committee of the Health Professions Council found him guilty of disgraceful conduct and recommended that his name be removed from the medical register, which the Council confirmed. De Bruin did not challenge the finding of guilt but appealed and reviewed the penalty in the High Court, which substituted removal from the register with a three-month suspension. The Council appealed to the Supreme Court of Appeal.

The appeal succeeded. The order of the High Court was set aside and replaced with an order suspending Dr De Bruin from medical practice for a period of two years.

The case affirms the limited scope of judicial interference in professional disciplinary sanctions and underscores the seriousness with which South African courts view abuses of professional power by medical practitioners. It reinforces that disgraceful conduct outside a conventional doctor–patient relationship can nonetheless justify severe professional sanctions.