“In every single case I have had against the state, I have to resort to these measures. Never once have they paid on a court order,” said the woman’s attorney, Gary Austin, on Thursday.
He confirmed a report in the Times that the sheriff of the court attached the assets of the health department after it ignored an April court order to pay R750 000 to medical negligence victim, Queen Mpinga.
The claim related to treatment at the Natalspruit and Pholosong hospitals in 2006. On June 13, the sheriff catalogued 400 computers, 600 desks and 800 chairs at the department’s head office.
In terms of the State Liability Act, it can seize the items on July 13 if the department does not pay Mpinga by then.
Austin told the South African Press Association that Mpinga went to hospital with a small wound on her ankle. When she returned at a later date, instead of being admitted, she was sent home with advice to “put Betadine on it”.
Negligence had already been established by the South Gauteng High Court, said Austin.
Final ruling in October
An interim payment is usually made when such cases take a long time to finalise. The court was expected to rule on the final amount in October.
Austin said poor administration was to blame for the payment delay. “You shouldn’t have to resort to these measures. Morally, you should pay the money straight away.”
Mpinga said she needed the money for prosthesis and for on-going medical care.
But health spokesperson Chris Maxon said the department had to wait for the paperwork to come from the court. It was only received in June, and the payment then had to be processed.
“On our side everything has been approved. It’s a matter of days,” said Maxon. “She will definitely be paid by then [July 13].”
He said the department was concerned about the slow pace at which cases were settled. Civil claims took on average years to settle and put people in “a lot of pain”.
The department was restructuring its processing centre.
Democratic Alliance spokesperson Jack Bloom described the delay as “shameful”.
“The department has a bad history of late payments for court orders. It should respect the court and pay promptly, as Mpinga needs the money urgently,” he said. – Sapa