Gauteng Premier told pay by Friday, or else

Must pay more than R6-million to a patient whose leg was amputated when he went for heart surgery

LAST-minute negotiations between the lawyers of Gauteng premier Nomvula Mokonyane and the sheriff of the court prevented what could have been another raid on her offices on Friday.

Mokonyane defied a court order to pay more than R6-million to a patient whose leg was amputated when he went for heart surgery at the Steve Biko Academic Hospital in Pretoria.

This was the second confrontation between Mokonyane's office and the sheriff in as many weeks. Security at her offices prevented the sheriff from attaching furniture two weeks ago after she failed to honour another court order.

She was ordered to pay R9.25-million to 12-year-old Sibusiso Prince Khanyi who was born brain damaged on December 2 1999 at Pholosong Hospital in Ekurhuleni.

Sibusiso now needs specialised care .

Johannesburg High Court Judge Nigel Willis found that nurses failed to diagnose the fact that the unborn child was "in breech" [that he would come out feet first instead of the normal head down].

Mokonyane's office furniture was attached in October last year but the sheriff was prevented form carrying out the order.

The premier has since lodged an appeal against the ruling in the Khanyi case.

During Friday's standoff, the sheriff of the court had gone to Mokonyane's office to attach furniture after she defaulted on paying Shabbeir Nagel about R6.3-million as ordered by the Pretoria High Court in September last year.

But the sheriff did not attach any furniture after Mokonyane's legal advisers negotiated with him.

Nagel's lawyer Renel Pretorius said the sheriff had informed them that Mokonyane's legal advisers had promised to pay the money on February 3.

"They will [have to] pay the capital amount [R6.3-million] plus 15.5% interest which is about R320,000. Failing which, we will have the furniture removed from her office," Pretorius said.

Mokonyane's spokesman Xoli Mngambi said he was unaware of the sheriff's visit. He referred Sowetan to health department spokesman Simon Zwane.

Zwane confirmed that an agreement had been reached.

"The payment is being processed for Friday," he said.

Judge Mohamed Ismail last year ordered that Mokonyane pay Nagel R5,018,242 for future medical expenses; R810,695 for loss of earnings and R450,000 for general damages.

She was also ordered to pay "costs, including counsel's costs - including travel and accommodation - as well as costs associated with the preparation, research and drafting of arguments and preparation for trial".