This follows reports that the axed members allegedly lacked fitness and propriety, the CMS said on Thursday.
According to Dries la Grange, CEO of Bestmed, although these members have been removed, the registered rules of the scheme make provision for the immediate filling of vacancies by the remaining members of the board.
As such, the board has been reconstituted, and is fully functional. It will meet during the week of 24th November to elect a Chairperson, Vice-Chairperson and statutory committee members.
According to La Grange, Bestmed was never called in by the CMS, which meant all the matters raised had been dealt with.
“We did not expect the CMS to revert with the action taken on 13th November 2014, more so, when one considers that three years have passed since the initial routine inspection occurred. Under these conditions we find it improper that such a drastic action, delivered without any engagement with the affected trustees, was taken.”
On the ruling La Grange says, “During 2011 the CMS carried out a routine inspection at Bestmed.
The scheme has, since then, been actively engaging with the CMS in addressing the concerns raised during the inspection, and the directives issued by it.”
Spokesman for the Council Clayton Swart, says the immediate removal followed a routine inspection by the council.
Bestmed has instituted urgent legal action against the Council of Medical Scheme.
“The removal of trustees from office stems only from concerns over their ability to govern and is not a reflection of the financial stability of the scheme,” says Swart.