The Commission was extremely concerned following reports of the above incident in the media and therefore decided to assist Mrs Marais in taking action against the Gauteng Department of Health (“the Department”) to vindicate her human rights. In November 2019, the South African Human Rights Commission, acting in a representative capacity for Ms. Martha Marais and the Gauteng Department of Health reached a settlement agreement.

The Commission particularly welcomes the Department of Health’s undertaking to provide special training to staff in the treatment of elderly and vulnerable patients as health care challenges in the country such as inadequate or shortages of emergency transport, long waiting times at public health care facilities, and the unavailability of vital medication are compounded for older persons when they are treated with a lack of respect by health care professionals, which is far too often the case. Further, with regard to frail care facilities, the incident at the Mamelodi Hospital showed the lack of necessary skills and capacity to assist older persons, and the shortage of equipment required to render proper assistance. As a result of these and other barriers to accessing adequate health care, older persons find it difficult to attend public clinics or hospitals, and only do so when illness is at an advanced stage and irreversible.

The Commission reaffirms its support for the Department’s initiative aimed at addressing the persistent challenges that continue to plague the provincial health system and further supports the use of alternative dispute resolution mechanisms in cases similar to that of Mrs Marais and reiterates its readiness to contribute to this initiative by the Department of Health to reduce their medico-legal claims.

Ends

Issued by the South African Human Rights Commission

Buang Jones: Gauteng Provincial Manager, C: 078 617 0476.