South African Human Rights Commission finalises report on racial segregation at practice in Limpopo

SAHRC finalises complaint on racially segregated doctor’s rooms in Limpopo Attention: Editors and Reporters

The South African Human Rights Commission (Commission or SAHRC) has concluded its investigation into a complaint received about a medical practice in Limpopo in which patients were allegedly segregated according to race. 

The investigation follows several complaints to the Commission’s Provincial Office in Limpopo about a medical practice owned by Dr Jimmy van den Berg, a General Practitioner in Mokopane, where black and white patients were allegedly segregated into different waiting areas, consultation rooms, and reception areas. It was further alleged that staff had segregated toilets and kitchens and could not use the same kitchen utensils. The complainants told the SAHRC that black patients were billed more than white patients for the same medical services.  

The Commission conducted several inspections at the medical rooms and confirmed that patients and staff were being segregated on the basis of race.  

Dr Van den Berg agreed to co-operate with the Commission and indicated his willingness to resolve the matter expeditiously and amicably.  

Dr Van den Berg is to provide the Commission with a written undertaking to immediately desist from segregating patients and staff according to race and to refrain from any similar actions, words or attitudes, which violate Chapter 2 of the Constitution in the future.  

The Commission also sought a written public apology for this violation of the rights to equality of his patients and staff. Dr Van den Berg and his staff are further required to participate in Anti-Racism Advocacy Workshops facilitated by the SAHRC within three months of signing the Conciliation Agreement. The SAHRC required additional undertakings that Dr Van den Berg provides 48 hours of free medical service at a medical facility serving a disadvantaged community, and that he covers the cost of one counselling session for each member of his staff adversely affected by the segregation at his medical practise.  

The Commission has indicated its intention to pursue harsher penalties through the courts should the terms of the agreement not be honoured. Complaints related to inequality on the grounds of race comprise the largest amount of equality matters dealt with by the SAHRC. Racism and inequality on the grounds of race remain serious concerns for the Commission: 505 of the 749 equality cases dealt with by the Commission in 2016/7 involved discrimination based on race.  

The Conciliation Agreement will be signed on 9th February at 09h00 at the SAHRC Limpopo Provincial office, 1st Floor, Office 102, Library Garden Square, Schoeman Street, Polokwane. Dr Van den Berg will also extend his apology at the signing.  Media are welcome to attend.   
 
Enquiries:
Victor Mavhidula
Cell: 076 780 1500
E-mail: vmavhidula@sahrc.org.za

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