Charges dropped against ‘fake doctor’ Matthew Lani due to lack of evidence

31 Oct 2023

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in custody at the Brixton Police Station in Johannesburg, the case against ‘bogus doctor’ Matthew Bongani Lani was withdrawn because of insufficient evidence.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.

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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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