13 August 2007
The Minster of health, M E Tshabalala-Msimang, has noted the front page
report in the Sunday Times under the heading 'Manto's hospital booze binge'
relating to her hospitalisation and treatment at the Cape Town Medi-Clinic
during February and March 2005.
The Minister wishes to state publicly that the report is false, malicious
and in contravention of the law. The allegations in the report are clearly
defamatory and represent as they do the latest instance of that particular
newspaper's deep-seated contempt for the Minister's rights to human dignity and
privacy. Many of the allegations and insinuations are so bizarre, scandalous,
speculative and incredible that the Minister does not wish to dignify them with
a response.
It is disturbing that the Sunday Times is, admittedly, in possession of the
confidential medical records of the Minister. Such possession constitutes an
offence in terms of section 17 of the National Health Act (Act No 61 of
2003).
Section 17 of the said Act provides:
"17(2) Any person who-
(a) *.
(f) without authority copies any part of a record
(g) *.
(h) gains unauthorised access to a record or a record keeping system commits an
offence."
The Minister calls upon the Sunday Times to within twenty-four hours hand
over to her all records concerning her hospitalisation, medical treatment and
condition (including the notes containing such information as well as the
comments of various 'doctors' in respect of such hospitalisation, treatment and
condition).
A letter of demand in this regard has been sent to the Sunday Times by the
Minister's attorneys today.
The Minister also demands that the Sunday Times immediately retract the
malicious, untrue and injurious statements referred to in the report.
It is furthermore of concern to learn from the article that 'doctors' were
given the minister's files to assess for the Sunday Times and that they
commented thereon. If it is indeed so they clearly acted in an unprofessional,
unethical and illegal manner that requires sanction. The Minister will be
referring this matter to the Health Professions Council of South Africa for an
advisory opinion on the appropriateness of the conduct of the unnamed health
professionals involved.
Contact:
Sibani Mngadi
Cell: 082 772 0161
Issued by: Ministry of Health
13 August 2007
