This follows allegations of racism levelled against Van den Berg recently. It was further agreed that should the commission find that the terms of the conciliation agreement have not been met, the commission will proceed to institute immediate civil or criminal action against Van den Berg or any other appropriate redress it may deem fit as determined by its constitutional mandate.

The two parties signed a conciliation agreement and Van den Berg apologised publicly when he appeared before the commission in Polokwane on Friday. Van den Berg said he was not aware of this conduct as his main function is to examine and treat patients to the best of his ability irrespective of race or colour of the skin.
“I hereby wish to apologise to any person who has been offended by the practice and undertake the necessary steps to eliminate everything that may lead to that illusion again. Furthermore I also apologise to my colleagues for any bad picture this incident might have caused our profession,” he stated.
Among the recommendations made was that the respondent donates 48 hours of his own time to assist at a medical facility catering for patients from previously disadvantaged backgrounds, free of charge, within three months after signing the agreement.

It was also agreed that the respond­ent should immediately cease to pro­­-
vide separate reception areas, waiting areas, as well as consultation rooms serviced with separate linen to patients based on their skin colour. The respondent and his staff are required to attend, assist and participate in one of the SAHRC’s anti-racism advocacy workshops within three months after signing of a conciliation agreement.
In the agreement, it was stated that investiga­tions conducted by the SAHRC at the surgery found that black patients were not receiving equal treatment, that there were segregated waiting and consultation rooms, toilets and kitchens meant for black and white persons. Regardless of the findings, the doctor denied being racist and indicated his willingness to accept full responsibility of all the findings and allegations levelled against him and his practice.

Van den Berg said most of his patients, irrespective of race, were astonished about what they had read in the news and informed him of their continued support as their physician. He thanked the commission for the way they had handled the case, support and recommendations on how he can rectify the situation.
SAHRC Provincial Manager Victor Mavhidula said the commission appealed to the doctor to closely monitor what was happening in the surgery.

Source: Polokwane Observer