Department of Health furniture must be returned: High Court
The Department of Health in Gauteng is delighted, to inform that, it has successfully lodged an urgent application in the Pretoria High Court on Friday, 16 October 2015, afternoon, preventing an execution and interdicting the sheriff to stop removing the departmental assets, consequently the claimant's attorney must instruct sheriff to return all assets removed on Thursday, 15 October 2015 and pay the department's legal costs accordingly.
This emanates from an alleged negligence during birth of a child at one of our hospitals, which ostensibly resulted in the said child sustaining severe brain damage causing cerebral palsy. The department denied that its employees were negligent either as alleged or at all in the alternative that the child's condition was as a result of any negligent on the part of the department’s employees, this is on the basis of medical records which indicated that there were contributing circumstances which led to the condition of the said child.
The office of the State Attorney represented the department in the said matter and they were instructed to prosecute a petition, which they inexplicably failed to do so. Subsequently, as the department, we were puzzled to realise that the plaintiff’s attorney instructed the sheriff to attach and remove the department’s movable property. We also find it difficult to believe that the attached furniture will assist their endeavour to recoup about R8 millon claimed.
In response, to the state attorney’s flagrant and disdainful disregard of the department’s instructions, the department terminated the state attorney’s mandate and instructed a private firm of attorneys to defend the department from the said quagmire.
The petition was duly filed by the new attorneys within a short space of time and the plaintiff’s attorneys were interdicted from continuing with the execution proceedings pending the determination of the petition application before the Supreme Court of Appeals accordingly.
The Gauteng MEC for Health, Ms Qedani Mahlangu said: "This successful interdict should be a deterrent to other claimant’s attorneys from wanting to attach our movable assets, and utilising services of sheriff to embarrass us by removing the departmental assets, and unnecessarily disrupting our services. We are, however, at pain to comprehend the rationale behind a reason to disrupt our services, whereas claimants/patients wellbeing should be a priority" It must be noted that, we will continue to seek legal opinion and appeal any claim which we are advised, is not conclusive and a different Court might come to a different decision.
"Potential claimants are encouraged to approach us and we will utilise independent mediators to resolve any dispute amicably without involving attorneys which is a costly unaffordable exercise. This will assist us to reduce payment of exorbitant amounts to attorneys, without knowing whether the money reach the claimants accordingly" said MEC Mahlangu.
Finally, it must also be indicated that, the Court took a dim view of the plaintiff's attorney’s having necessitated the urgent application in the first place, whereas the department had done everything to settle the matter in terms of the rules of Court and ensure uninterrupted dire services to the community.
For more information please contact:
Steve Mabona
Cell: 072 574 3860
For media enquiries:
E-mail: mediaenquiries@gauteng.gov.za
