‘Blatantly xenophobic’: Charlotte Maxeke hospital sued for refusing to save Zimbabwean girl’s life

Fifteen-year-old Vanessa Mafu, the daughter of Zimbabwean parents, suffers from a life-threatening autoimmune disease that requires a liver transplant.

Charlotte Maxeke hospital refuse to give Zim girl liver transplant

But doctors at Charlotte Maxeke Johannesburg Academic Hospital have told her she does not qualify for a transplant from a South African donor.

Meanwhile, her life is slowly ebbing away at the hospital. Her mother, Vuyelwa Ncube, was told by a doctor that she must have a valid visa or permit before her daughter receives life-saving medical treatment.

All this is detailed in an urgent application to be heard before the High Court in Johannesburg in the next few days.

‘Court application is urgent’

Cited as respondents are the hospital, the ministers of health and home affairs, the Gauteng MEC for health and a Dr Mithoule of the hospital.

Attempts to get comment from them this week were unsuccessful, despite multiple attempts.

“This application is urgent and cannot wait to be heard on the ordinary roll because my daughter is extremely unwell,” says the mother’s affidavit.

“She was diagnosed with autoimmune hepatitis, which caused liver cirrhosis. She requires a liver transplant as soon as possible to save her life. Her condition is so dire and exigent that the matter cannot wait to be heard on the ordinary roll.”

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Mafu was diagnosed with autoimmune hepatitis in December last year and was admitted several times to the hospital, but each time discharged after a few days.

Her condition continued to deteriorate. Last month, Ncube was given details of the different types of liver transplant required to address his daughter’s condition.

“There is a transplant where a person has died and there is consent for organ transplants for medical purposes, and there are organ transplants where the donor is alive, usually a family member, and a portion of their liver is taken from the donor and given to the patient,” she deposes in her affidavit.

These types of transplant could only be done in Gauteng and the Western Cape.

Ncube said she was not provided with any laws that preclude Zimbabwean nationals from receiving liver transplants in SA.

She argued this violated her daughter’s constitutional right to life and her rights in terms of the Childrens Act.

The hospital’s denial of her right to a liver transplant from a deceased donor from South Africa, or any other nationality, has reduced her prospects of life.

“It is significantly more difficult for my daughter to successfully get a liver transplant from a living person, which in my view, is the reason why Zimbabweans are restricted from a transplant from a deceased person and South Africans are not.

“As a result, my daughter has a reasonable apprehension of imminent death because she has been denied a liver transplant from a deceased donor,” said Ncube.

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‘Blatantly xenophobic act’

The urgent application wants the court to prohibit the respondents from any form of discrimination in the medical services provided to Mafu on the grounds that she is a Zimbabwean.

Human rights lawyer advocate Simba Chitando is representing the family. “This matter is urgent because it is a life-saving procedure, but it is also one of the most cruel, inhuman, and blatantly xenophobic acts perpetuated by the state against a child,” said Chitando.

“It is symbolic of the fact that South Africa has lost its moral, legal, and pan-African compass. My clients remain defiant under the circumstances, and the legal team I’m leading will do everything in our power to save this beautiful Zimbabwean girl’s life.”

The Mediclinic Southern Africa private tariff schedule for a “non-standard service” liver transplant at the Wits Donald Gordon Medical Centre reflects a cost of just under R1.75 million

Extract from Wits University’s Hippocratic oath, which is sworn by all newly-qualified health sciences professionals:

• “That I will exercise my profession to the best of my knowledge and ability for the safety and welfare of all persons entrusted to my care and for the health and well-being of the community.
• That I will not knowingly or intentionally do anything or administer anything to them to their hurt or prejudice.
• That I will not permit consideration of religion, nationality, race, politics, or social standing to intervene between my duty and my patient.
• That I will not improperly divulge anything I have learned in my professional capacity.
• That I will endeavour at all times to defend my professional independence against improper interference.
• That I will not employ any secret method of treatment, nor keep secret from my colleagues any method of treatment that I may consider beneficial.
• That in my relations with patients and colleagues, I will conduct myself as becomes a member of an honourable profession.”

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