Gauteng Department of Health denies dishonouring court order
JOBURG - The Gauteng Department of Health has denied reports of them not honouring a court-ordered payment for medical negligence, but confirmed that they had suffered the indignity of a raid by a Sheriff of the Court to attach furniture from its head office.
According to Democratic Alliance member, Jack Bloom, the department was due to pay a R23-million settlement on 18 September to a woman whose baby daughter was left brain-damaged at the Chris Hani Baragwanath Hospital.
Bloom said, “Medical staff failed to perform an immediate caesarian when her unborn baby showed signs of distress in June 2005. Despite warning letters from Wim Krynauw Attorneys, who represented the mother, the department failed to pay on time, which was why the sheriff was called in.”
He said the department avoided the spectacle of furniture being attached only after frantic negotiations produced an arrangement to make staggered payments. Bloom said he was very disappointed that the department was not respecting court-ordered payments.
This newspaper contacted Wim Krynauw Attorneys’ Jacques Coetzer who said, “[We fight for] unfortunate mothers who were subjected to sub-standard care in hospitals and who are, mostly, unaware of the fact that they can claim damages arising from the negligent treatment received at these hospitals.”
Coetzer requested that this newspaper withold the identity of the mother and her child, and the settlement awarded, as the matter was still sub-judice as the health department had not yet made any payments.
The two parties had negotiated a settlement on the payment structures with the first payment due on 16 October.
Meanwhile, the health department’s spokesperson Steve Mabona confirmed that a court order was granted against the department. Mabona said they studied the judgement and engaged the plaintiffs’ attorney on a payment plan and had an agreement.
He said, “Contrary to what has been agreed upon with the plaintiffs’ attorney, the sheriff proceeded with an attachment. It is important to note that the department had no intention of not honouring the court order accordingly.
“Payment has since been effected in accordance with the agreement.”
However, Coetzer pointed out that despite various letters addressed to the office of the State Attorney and numerous attempts calling for payment, the MEC (Qedani Mahlangu) had, to date, omitted and/or failed to make payment in accordance with the court order and, hence, they had no alternative but to proceed with the issuing and service of a writ of execution.
“Needless to say, this indulgence was also not honoured and, hence, we had no alternative but to instruct the sheriff of the high court to proceed with the removal of the assets from the MEC’s offices in Johannesburg at an enormous cost to the taxpayers’ purse,” he said.
Meanwhile, in an update on 19 October Coetzer said, “The MEC’s [office] has, once again, not honoured their word. When we made follow-up enquiries today we were informed, despite the agreement that the first instalment was due and payable on Friday the 16th of October 2015. That authorisation was given to make payment for some time during the course of the week.”
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