Tue May 21 08:46:31 SAST 2013
Tue May 21 08:46:32 SAST 2013

Pay up for brain injury to my baby

Jan 24, 2012 | Sibongile Mashaba | 110 comments

THE mother of a 12-year-old boy who was left brain damaged after birth at a public hospital has described the decision by the Gauteng provincial government to appeal against her lawsuit as inhuman.

APPEALING: Gauteng Premier Nomvula Mokonyane. PHOT0: SIBUSISO MSIBI

Last year the Johannesburg High Court ordered Premier Nomvula Mokonyane to pay Martha Khanyi and her son Prince Sibusiso, who was left disabled due to negligence by nursing staff at Pholosong Hospital in Tsakane on the East Rand.

"I'm disappointed and sad. This is bad and has brought us so much pain. I cannot cope. The appeal is making things more difficult for us.

"They (government) should have paid the money a long time ago and now they say they are appealing," Khanyi said.

Young Sibusiso was brain damaged at birth on December 2 1999.

Khanyi said looking at her son brought her so much pain.

"Children his age will start high school soon. He crawls, he cannot do anything. He cannot eat or speak. He has to go to a special school in Brakpan. I pay R340 for transport and R240 for fees.

"I am a domestic worker and earn R800 a month. I am not coping. When he is sick I cannot go to work, I have to look after him. This is affecting me and my other (three) children."

In his judgment Judge Nigel Willis said: "Prince became asphyxiated due to a prolonged birth process, and as a result has suffered extensive and serious brain injury.

"He certainly is permanently impaired and disabled. For example, he will need full-time care-giving throughout his life, which will relate, in addition to his being fed, to his use of the toilet. He will have to be in a wheelchair for the rest of his life. He is unable to speak or communicate."

Judge Willis found that the 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 said the "lawsuit was a true reflection of the department's weaknesses".

"The matter is in the hands of the legal representatives of the provincial government and the state."

DA caucus leader Jack Bloom's assessment is that "they are unlikely to win this appeal as no new facts can be introduced, and the Supreme Court of Appeal merely looks over the court transcript".

"Meanwhile, 15.5% interest a month is charged on the R8.25-million still owing, which amounts to about R120,000 a month. The appeal case will probably only be decided in about 18 months' time, which means more than R2-million more public money would be wasted if the appeal is lost," Bloom said.

Khanyi's lawyer Gary Austin said the appeal period lapsed on July 22 last year.

Comments

Tue May 21 08:46:32 SAST 2013 ::
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Jan 24, 2012

Memme

And i qoute " The matter is in the hands of the legal representatives of the provincial government and the state."

I mean this happened in 1999 and still not being paid, Come on now. Gorvenment officials are so heartless and selfish, the woman is a domestic worker for God sake. This is not fair at all !!!
I don't even know what to say to the poor woman - Shame....
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Jan 24, 2012

Gudguy

Nomvula..what you saw you will reap one day,,,,,
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Jan 24, 2012

candilious

This is unreal really now Gvmt sucks big time
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Jan 24, 2012

Botaleng

Premier Nomvula.... what is there to appeal? If this was one of your family members would you still appeal?
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Jan 24, 2012

Gaara

this flipping woman! damn it! how evil, heartless, selfish.
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Jan 24, 2012

MGEEZ

Memme
And i qoute " The matter is in the hands of the legal representatives of the provincial government and the state."

I mean this happened in 1999 and still not being paid, Come on now. Gorvenment officials are so heartless and selfish, the woman is a domestic worker for God sake. This is not fair at all !!!
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To make matter's worse; these are the same people who feed us the Batho Pele crap!!!!!! How is this principle being realised right now????
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Jan 24, 2012

MommaC

If those concerned had stepped up and done the responsible thing right from the start then this child would have had a far brighter future. As it is, he is now too old for linguistic intervention and he will never speak. The degeneration of his physical form can, however, be changed. Problem is that it takes specialised treatment and that takes money.

I cannot imagine what this poor mother feels when she looks at her son and knows that he would have so much more if only she wasn't broke.
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Jan 24, 2012

asaowe

Hai mama plz dnt appeal jst pay the boy, hw wuld u hv feel if it was yr child haibo
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Jan 24, 2012

pik_it_up

R340 for transport and R230 for school fees and she earns R800 plus has to feed three other children!!!! what the F.ucK are you apealing for??? HELP THIS WOMAN AND STOP FEEDING YOUR SELFISH NEEDS nxa ga God save us from the sins of money and power it realy isnt worth it......
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Jan 24, 2012

MorenaWaPolelo

Mma Mokonyane I will pray for you and the fools that advise you, is unphantomable that a woman can be this heartless like you, what has this family done to you? Why are you taking this personal? Sies o moloi maan you are just like Naomi wa Rhythm City
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