disabled patient
8 May 2007
The Gauteng Department of Health will conduct an independent inquiry into
the circumstances that led to the failure to make an interim payment to a
patient that was disabled in 2002 because of negligence at Kalafong and
Pretoria Academic Hospitals in Pretoria. Dingaan Nyathi obtained a default
judgement from the Pretoria High Court in November 2006 for the sum of R317 000
to meet his medical and legal expenses.
The department's failure to pay the award led to Nyathi's lawyers applying
for Section 3 of the State Liability Act 20 of 1957 to be declared invalid, as
they considered it to be unconstitutional. The court did declare the section as
invalid and the matter was referred to the Constitutional Court. Section 3
prohibits issuing the writ of execution against state property in satisfaction
of a judgment attachment of state property.
On Friday, 4 May 2007, the department paid the R317 000 over to Nyathi's
lawyers. The investigation will be led by an independent lawyer and will look
at all aspects of the department's conduct in the case including possible
neglect, failure to perform duties and unprofessional conduct. The outcome of
the investigation will be communicated once it has been completed.
For more information, contact:
Zanele Mngadi
Cell: 082 330 1148
Issued by: Department of Health, Gauteng Provincial Government
8 May 2007
