The Commercial Crimes Unit in Durban has secured a further conviction in terms of the Human Tissue Act No 65 of 1983, bringing the total number of people convicted and sentenced for their involvement in illegal kidney transplants to the value of over R21 million to six (6).
Yesterday, the specially appointed prosecutor, Advocate Robin Palmer, announced that on Friday, 10 December 2010, a 76 year old man, Doctor Jeff Kallmeyer, paid an admission of guilt of R150 000. Dr Kallmeyer previously practiced from St Augustine's Hospital in Durban. He has since moved to and resides in Canada but this has not halted our efforts to prosecute him.
Kallmeyer had contravened 90 counts of Section 34 (a) of the Human Tissue Act in acting in common purpose with other persons by unlawfully acquiring, using or supplying kidneys of living persons in that the suppliers were paid for their kidneys in contravention of Section 28(1) of the said Act.
The case against the remaining accused, transplant surgeons Professor A Haffejee, John Robbs, Niel Christopher, Mahadev Naidoo and former Netcare empoyee's Lindy Dickson and Melanie Anzor has been remanded to 28 January 2011. The remand is to allow for further investigation to be done.
Professor Nancy Scheper-Huges who is currently in South Africa, assisted the investigating team during 2004 by traveling to Durban from the USA and presented an overview of organ trafficking internationally to members of the South African Police Service and Department of Health. The professor has pledged her support in both the investigation and also by offering her services as a state witness should the need arise. She also mentioned that South Africa is the only country in the world which proceeded with criminal actions against an institution involved in the illegal traficking of organs referring to the conviction of Netcare KwaZulu-Natal during last month.
Thus far this investigation has resulted in the conviction and sentencing of the following people :
- 2003-12-06, Mr A Robel an Israeli recipient convicted of Fraud and the Human Tissue Act: Fined R5 000-00
- 2003-12-10, Mr Rod Kimberley, private coordinator for the syndicate: 38 counts of contrevening the Human Tissue Act - Fined R250 000-00 and a suspended sentence of six years in prisonment
- 2004-11-39, Mr Susahan Meir, private co-ordinator convicted on 56 illegal kidney transplants in Durban and Johannesburg. Fined R250 000-00 and the proceeds of the sale of his house (R750 000-00) was forfeited to the state.
2010-11-09
Netcare Kwa-Zulu (Proprietary) Limited, represented by Ian Goble
Charge 1:
Counts 1-5: Contravening Section 34(a) of the Human Tissue Act (Act no 65 of 1983), read with Section 1,4 and 19 of the Act - Removing the kidneys of minors for transplantation.
Sentence: R2000-00 per count - R10 000-00 in total.
Charge 2:
Counts 6-10: Contravening Section 34(j) of the Human Tissue Act (Act no 65 of 1983), read with Section 1,4 and 19 of the Act - Received payment for removing the kidneys of minors for transplantation.
Sentence: R2000-00 per count - R10 000-00 in total.
Charge 3:
Counts 11-102: Contravening Section 6 of the Prevention of Organised Crime Act, (Act 121 of 1998) : Acquired, had possession of, and used property (money) which formed part of the proceeds of the unlawful activities: unlawful transplant of kidneys - unlawful payment was made to kidney suppliers by Ilan Perry and/or his agents.
Sentence: R 4 000 000-00 (four million rand) fine
Confiscation order:
R3 800 000,00 in terms of Section 18 of the Prevention of the Organised Crime Act, (Act 121 of 1998)
2010-11-23 Sam Zigler -translator Hebrew to English
50 counts contravening Section 34(a) of the Human Tissue Act (Act 65 of 1983)
Sentence: R1 000-00 fine per count, R50 000-00 in total.
The investigation is progressing steadily and more convictions are expected.
