Question NW2616 to the Minister of Health

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22 September 2023 - NW2616

Profile picture: Mogale, Mr T

Mogale, Mr T to ask the Minister of Health

(a) What are the reasons that his department did not settle the R500 000 compensation that was agreed to be paid to the family of Thobeka Jantjies (details furnished), (b) what steps will he take to ensure that the matter is resolved and (c) by what date will the matter be (i) attended to and (ii) finalised?

Reply:

According to the Eastern Cape Provincial Department of Health, the

a) On or about the 11th day of June 2013, the Eastern Cape Department of health made a conditional offer of R 500 000. 00 as a full and final settlement without admission of liability. The offer was made purely on humanitarian grounds. The following factors have been advanced:

  • The stipulated time on the offer lapsed, and the department deemed that the plaintiff had rejected the offer.
  • On or about the 17th day of June 2011 the plaintiff submitted an Actuarial Report demanding a payment of R 4 355 307. 00 (Four million three hundred and fifty thousand three hundred and seven rand).
  • The matter has been set down on several dates and we are not aware about any outcomes.
  • There is no Court order and essentially the matter is considered dormant.
  • The plaintiff has been engaging outside the Court processes and pressurising the Department to pay her R 4 355 307. 00.
  • The Department has one medical report dated 1st June 2005 which is inconclusive and does not make any recommendations.
  • The Department is of the opinion that there is no offer, and the Department should not revise or entertain plaintiff's demands.
  • The Department is advised that there was no nexus or causal link between tooth extraction and the disability that she suffers from.

b) Attempts will be made to advise the plaintiff that she has no claim against the Department but that the Department would still be prepared to make good on its humanitarian offer.

c) (i) The attempts referred to in (b) above will be acted upon on or before 30th September 2023,

(ii) It is hoped that the matter could be finalised before the end of October 2023.

END.

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