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Elsabé Klinck & Associates

Elsabé Klinck & Associates is a dynamic health care consulting service, focusing on law, regulation and policy in the health sector. They are committed to overcoming challenges in health care regarding policy and law. Their consultants are intensely aware of how these factors influence health care professionals, pharmaceutical companies, medical device companies and other health care stakeholders.

Elsabé Klinck Consulting CC (EKC), as established by Elsabé Klinck in 2010, changed into Elsabé Klinck & Associates Pty Ltd (EKA) in March 2017. Both Elsabé Klinck and Patricia Matseke (Principal Consultant) are Directors in the company, with Elsabé being the Managing Director, responsible for the day to day running of the company. Eugenia manages the office and all administration in the business. They are supported by Yvonne Naidoo and Ebbie Iheanyi, and two Associates with unique skills sets: Pieter Theron, who is a pharmacist with a law degree, and Marieta Meyer, who is both a lawyer and a professional nurse. The Associates also expand EKA’s geographical reach into the Western Cape and Free State provinces respectively. The diversity of its consultants and associates also mean that clients can be served in most of the South African languages. From time to time, Elsabe Klinck & Associates collaborates with experts in pharmaceutical- and medical device registration and licensing, as well as niche-market law firms that render a personalised service to EKA’s clients.

SERVICES:

  • Health Legislation and Draft Legislation
  • Health Policy
  • B-BBEE
  • Information, Data & Privacy/Confidentiality
  • Employment Equity
  • Consumer Rights
  • Section Health Care Funding & Access (Social Security, NHI, Medical Schemes etc)
  • Funding in the Public Health Sector
  • Ethics/Code of Marketing Practices
  • Health Profession Legislation
  • Economic and Industrial Development
  • Corporate Governance and Legal Compliance Audits
  • Human Rights & Constitutional Law
  • Administrative Justice
  • Occupational Health Law

MEET THE TEAM

Elsabé Klinck
Elsabé is a B.Iuris, LL.B graduate, who also completed a degree in Psychology for Applied Professional Contexts and an Honours Degree in German. She started her career in the Department of Constitutional Law at the Free State University, where she also worked for the Centre for Human Rights Studies, managing amongst others, voter education and paralegal training projects. She was active in the establishment of a Free State Centre on Citizenship Education and Conflict Resolution. Elsabé also participated in the training of Magistrates on Diversity (with the Law, Race and Gender Unit at UCT)

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and the training of local government councillors and Free State Peace Committees. This experience in human rights and constitutional law stand her in good stead in her health sector work.

HEALTH SECTOR EXPERIENCE
Elsabé has been working in the health sector since 2001, gaining valuable experience dealing with medical practitioners and pharmaceutical issues, as well being a key contributor to a prominent health care consulting company. She has an international outlook and backs her services with a broader insight into international and national policy developments, such as those of the World Economic Forum and the World Health Organisation.Her extensive knowledge and practical experience in health care/medical practice issues, medical schemes, medicines, medical devices and patient rights are grounded from this perspective, as well as from her background in constitutional/human rights law. Elsabé’s specialized expertise assists attorneys to provide service at the highest level to their health sector clients.

TALKS / PRESENTATIONS
Elsabé is an accomplished researcher and author. She co-authored the book Employment Equity Law and chapters in Social Security Law. She has also undertaken research for, inter alia, the Taylor Committee of Enquiry into Social Security and the SA Business Coalition on HIV & Aids (SABCOHA). Elsabé is proficient at presenting at seminars conferences, symposia and congresses on all matters related to the law and ethics in health care. She has designed and presented numerous in-house training courses for clients. The Elsabé Klinck & Associates small group workshops o issues such as medicines pricing, health sector regulation and updates on the South African health sector, are extremely popular and clients report its value as significant.

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Patricia Matseke
Patricia joined EKA in January 2018, after having served as legal and compliance officer in the pharmaceutical industry. She has significant experience in matters affecting the pharmaceutical and medical device industries, both from a legal- and compliance perspective. She also has significant experience in privacy legislation, having worked with both the European- and South African (POPI Act) legislative regimes. She knows the Medicines Act, as well as the various Codes of Marketing Practice and internal marketing- and advertising rules commonly set by companies, well. Patricia has a master’s degree in Company Law

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and participated in the Wits Business School’s Management Advancement Programme. Patricia’s company law expertise makes her an ideal source for companies and not-for-profit requiring advice on corporate governance and restructuring to align with new legislative frameworks. Her company law document drafting skills are impeccable. Patricia has experience as a senior manager within one of the major pharmaceutical companies in South Africa. Apart from the legal and compliance work applicable to health sector companies, this experience includes understanding the importance of working within a multinational company environment. Her consulting services therefore shows a good understanding of not only the complexities of general business law, but also health law. She is also familiar with the complexities of working in a senior position for a local subsidiary, being part of a larger global entity and reporting into a regional office, whilst ensuring compliance with local legal and regulatory requirements and policy. Patricia started her legal career at Edward Nathan Sonnenberg (ENS) as an attorney, a law firm that is deemed to be one of the top firms in South Africa. She also worked at Investec, gaining understanding of the financial sector, and then at the Land Bank. Her experience includes contracts negotiation and drafting, as well as advice on- and the drafting of debt/equity-, business/asset purchasing and similar instruments. At the Land Bank she received the Innovator of the Year Award for two consecutive years. She advanced to Senior Legal Advisor within three years overseeing junior legal advisors within the Land Bank, providing training and mentoring. Patricia is a Principal Consultant and a director and shareholder of EKA.

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Yvonne Naidoo
Yvonne joined EKA in January 2019. She was the Assistant Director: Statutory Services at the Department of Labour immediately before joining Elsabé Klinck & Associates. Her responsibilities at the Department of Labour included compliance with- and enforcement of the Employment Equity Act, the Compensation of Occupational Injuries and Diseases Act (COIDA) and the Compensation Fund, the Occupational Health and Safety Act, the Basic Conditions of Employment Act and the Unemployment Insurance Fund. Her expertise in the fields of workplace injury and disease compensation adds an important health

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law and health policy service to the clients of Elsabé Klinck & Associates, in particular those who experience difficulties in claiming from the Compensation Fund. Her experience in compliance with the Employment Equity Act will add value to corporates and larger practices, who may face questions, inspections or implementation difficulties with this Act. Her knowledge assists in ensuring that the compliance certification requirements of the Employment Equity Act are met when contracting with the public health sector. This service also strengthens the BB BEE services rendered by Elsabé Klinck & Associates. Yvonne worked at Molefe Attorneys as a candidate- and as an attorney, where she handled, amongst other matters, Road Accident Fund (RAF) cases. During that time, she also provided free legal advice to destitute communities. She was also a RAF claims assessor at Ernst & Young. Her RAF experience is invaluable to healthcare professional clients of EKA. Yvonne has also provided training in the very important field of interpretation of law. This field of law remains misunderstood in the health sector, with many health laws being misinterpreted and misconstrued. This leads to the erroneous application of the law, with resulting harm or loss to those to whom the law should apply. One of Yvonne’s strengths is that she is multi-lingual – she speaks English, Afrikaans, isiZulu, Setswana and SeSotho.

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Ebbie Iheanyi
Ebbie Iheanyi has more than 8 years’ experience in the health sector funding environment, dealing with matters of compliance, and, most importantly for EKA and its clients, having extensive experience with medical scheme matters, from benefits to complaints and appeals. She is an expert in the management of medical scheme complaints and appeals, including the drafting of papers and the arguing of medical scheme matters internally in schemes, as well as at the regulator, the Council for Medical Schemes. Her knowledge of the medical scheme industry is already serving the clients of EKA well.

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Ebbie has also held the position of Public Policy, Regulatory and Stakeholder Risk Management Affairs Manager at a prominent multinational consumer-focused business in South Africa. She was also the Regulatory Compliance Counsel at an Africa-wide ICT company. These cross-border responsibilities, and the strong experience of regulatory- and public policy matters are important assets to EKA and their clients. Working in a multinational setting, with both local, and international compliance, she understand the complex environments faced by health sector companies, many of whom also operate in a global regional- or multinational setting. Ebbie also has experience in government tenders. A view that is broader than that of what a lawyer normally does is an important attribute in health law and health policy. Although her drafting skills is excellent, Ebbie’s outlook and experience in policy, stakeholder management and regulatory affairs add depth to her work. Her experience in stakeholder management is an important strength. Ebbie has an LL.B and a Master’s degree in law from the University of Johannesburg. As all of EKA’s staff, Ebbie speaks more than one language: English, Shona and Zulu.

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Eugenia Khanyisile Lunga
Eugenia is office manager at EKA. Eugenia is well-known in the health industry. She worked at the Glenhove Conference Centre, and at Innovative Medicines SA (IMSA). Eugenia is known for her patience, excellent relationships with health sector stakeholders and clients and her bubbly personality. Eugenia has a qualification from Birnam Business College and a Certificate in Management Principles. Eugenia does all of EKA’s CIPC (companies commission) applications, arranges AGMs and other meetings, manages office finances and supplies, and provides secretarial services. She supports EKA consultants by providing an environment within which their work for health sector clients is optimized. Her excellent relationships in the health sector assist clients to access key stakeholders and health sector entities. Eugenia is a shareholder of Elsabé Klinck & Associates.
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