A Limpopo doctor has come under fire from rape activists and faces possible criminal charges after she allegedly refused to treat a five-year-old rape victim unless given assurance the case would not be reported to the police.
Limpopo police confirmed this week they are investigating Dr Zolelwa Magwentshu, who runs a private clinic in Venda near Polokwane, for allegedly concealing the child’s rape — and for operating without proper registration for the past two years.
Speaking to the Mail & Guardian this week Magwentshu said she did not conceal the rape, but declined to discuss the details.
Rape activists have called on the Health Professions Council of South Africa (HPCSA) to strike her off the medical register. The Thohoyandou Victim Empowerment Programme (TVEP) says Magwentshu justified her actions on the basis that, as a private practitioner, she could not afford to spend time in court if the matter was reported to the authorities.
Fiona Nicholson, TVEP’s spokesperson, said her organisation discovered the ”unethical behaviour” from a concerned member of the victim’s family four to five months after the rape.
The child’s family maintained that the incident was a ”family matter”.
”The rape of a child can never be regarded as a ‘family matter’ and anyone who suspects that a child has been abused is obliged by law to report the matter to the police,” Nicholson said.
Nicholson said the TVEP reported the doctor to the HPCSA recently. The HPCSA, she said, responded by saying Magwentshu has not been registered as a medical doctor since June 2000.
Magwentshu said the HPCSA had deregistered her for non-payment, but maintained that it was not ”illegal” for her to practise as a doctor.
”Sometimes if you do not pay they take you out of the register, but they put you back as soon as you pay,” she said.
Magwentshu acknowledged that she paid only after the TVEP approached the HPCSA.
Limpopo police spokesperson Ailwei Mushavahanamadi said: ”We are investigating to see if she [Magwentshu] tried to conceal the rape or not. She claims that she referred the family to hospital for the treatment of the child. She told police that she does not entertain rape cases as she cannot stand the whole court process,” he said.