Withdraw criminal charges against two Mpumalanga doctors, Min. Motsoaledi 

23 July 2015

The DA calls on Health Minister, Dr Aaron Motsoaledi, to withdraw the criminal charges which he laid against two doctors at the Evander District Hospital in Mpumalanga this week following the death of a mother and her baby earlier this month during an emergency C-section (see report). 

Minister Motsoaledi suspended the doctors for misconduct and ordered that criminal charges be laid against them for operating on Ms Sesi Malaza (19) in a ward and not a theatre. Both mother and child died after the operation.  The doctors conducted the C-section in the ward as they had only five minutes to deliver the baby to prevent cardiac arrest. 

The DA supports a thorough investigation at the hospital, but we believe it is premature to have already laid any criminal charges against the two doctors without sufficient evidence.

Further calls have been made to the Minister with withdraw the charges, by the South African Medical Association trade union which accused him of “jumping the gun” and making premature statements.

Whilst we understand that Minister Motsoaledi wanted to act swiftly, it is crucial to take all factors into consideration, lest we lose two very experienced clinicians. 

The practice of medicine within our public hospitals is extremely complex. Factors such as under-resourcing, the lack of staff and delays in emergency obstetric referrals have to be taken into account. With regard to this particularly case, it is important to note that, according to the Royal College of Obstetricians and Gynaecologists, delivery should occur within 5 minutes of collapse following maternal cardiopulmonary arrest as this has the potential to improve the clinical outcome for both mother and child. The fact that the doctors had such a short window period in which to act must surely be taken into account.

I will write to Minister Motsoaledi to implore him to withdraw his criminal charges and to continue with the investigation by the Health Professionals Council of South Africa. 

I shall also write a letter to the Chairperson of the Portfolio Committee on Health requesting that the Minister account to us as to why the charges were made so hastily and to update us on his investigations into the case. 

Many doctors across the country face immense pressure whilst working in poor conditions and with very little support. We should be commending our doctors for the essential role they play within society and act fairly when things go wrong. 

Statement issued by Dr Heinrich Volmink MP, DA Shadow Deputy Minister of Health, July 23 2015