KZN Forensic Pathology Crisis: Public Protector finds DoH infringed on the right to human dignity
1 April 2019
The Democratic Alliance welcomes a finding by the Public Protector that the conduct of the KZN Department of Health (DoH)-run Forensic Pathology Services has infringed on the dignity of the KZN community, specifically members of bereaved families, in terms of Section 10 of the South African Constitution.
The finding comes after a prolonged investigation following numerous complaints regarding the sector. Other findings by the PP include:
- Mismanagement of human bodies;
- Shortages of adequate staffing including critical areas such as doctors;
- Labour-related issues that persist today with go-slows commonplace;
- A lack of infrastructure maintenance contracts for the refrigeration, air conditioning plants and air filtration systems at mortuaries;
- Inadequate protective gear and safety and dissection equipment;
- Improper management of equipment resulting in hardware store equipment being used; and
- The delayed release of reports by the DoH, impacting on timeous burials, insurance claims and delays in the justice system.
- The report also found a functional disconnect between forensic pathology, municipalities and SAPS in respect of pauper burials/cremations. This is borne out by a parliamentary reply to the DA last year which revealed that there were some 475 bodies lying at mortuaries. These three sectors must accept responsibility for not ensuring that these bodies are buried or cremated.
The DA regards this scathing report as proof of historic injustice and yet another legacy of a failed Health MEC. This report is egg on MEC Dhlomo’s face. Instead of trotting around performing post mortems and trying to play the people's hero, the MEC should have been doing his job as MEC, part of which is to prevent problems. This is a report exposing his failures. He is no hero.
Most profound though is the infringement on human dignity with Section 10 stating that everyone has inherent dignity and the right to have their dignity respected and protected. Even the dignity of the dead remains constantly molested by this failed ANC government and its human rights violating MEC.
The DA has through Motions, official letters to the Premier, oral and written parliamentary questions, oversight visits to facilities and interactions with staff and families, consistently raised issues within this sector with the Premier, his Health MEC, Sibongiseni Dhlomo and the Department over a period of several years. Yet the MEC has done absolutely nothing except pass the buck and blame everyone else.
Exactly the same happened with the province’s oncology crisis. The question is – why does this MEC not remedy what is within his ability? What is he waiting for? To make matters worse, the ANC-led government in KZN has not held him accountable. The result is that affected families have no closure.
The PP’s findings that numerous members of the KZN community have endured further suffering as a result of the conduct of the DoH speaks volumes about the failed political leadership in our province. That a critical service delivery department has been brought to its knees by a failed and human rights violating Health MEC, one who is more interested in self- aggrandisement that ensuring that the citizens of KZN come first, before him and his ANC, is disgusting.
The DA welcomes all the remedial actions imposed on the MEC, Dr Dhlomo and his Department. While they will go a long way to fix some of the problems, the DA will leave no stone unturned when it comes to ensuring compliance with what we believe are binding and inescapable imperatives.
This merciless and uncaring ANC must be rejected at the polls while both MEC Dhlomo and his national counterpart must be held culpable for their ongoing failure to intervene in the numerous ongoing healthcare crises in this province.
Issued by Imran Keeka, DA KZN Spokesperson on Health, 1 April 2019
