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The South African Human Rights Commission has subpoenaed the Mpumalanga MEC for Health, the Superintendent of Themba Hospital in Mpumalanga, and Dr. Abdullah Lubego. The purpose of the subpoena is to further the investigation of what appears to be a violation of various rights of Zweli Methule. Zweli Methule, a 9-year-old child admitted as a patient to Themba Hospital for a simple procedure, allegedly suffered brain damage and paralysis.

Zweli was admitted to Themba Hospital for the treatment of a broken arm, which required a resetting procedure. As a consequence of the alleged reckless conduct of employees of the hospital, which is under the control and administration of the MEC for Health in Mpumalanga, and more particularly that of Dr. Abdullah Lubego, Zweli suffered severe brain damage and was paralysed. He was then transferred from Themba Hospital to Rob Fereirra Hospital and back to Themba without the knowledge and consent of his guardian, in circumstances in which such consent was necessary. He was then discharged approximately a month later, brain damaged and severely paralysed. His social and physical conditions continue to be very tenuous with his grandmother providing sole care for her severely disabled grandchild. There has been no visible action taken by the Mpumalanga Department of Health with regard to this matter. Dr. Lubego, who has been implicated in Zweli's case, continues to be in the employ of the Department of Health in Mpumalanga, and, to the best knowledge of the aggrieved
parties, there have been no efforts to investigate malpractice.

Commissioner McClain responsible for Mpumalanga recently visited Zweli and his grandmother to ascertain their current situation. The Commissioner has also brought this matter to the attention of the Health Professionals Council of South Africa.

For the Human Rights Commission, the conduct of the Mpumalanga Health MEC, the hospital (an organ of state), and the practitioner constitutes a prima facie violation of section 28(1)(c) of the constitution (every child has a right to basic health care services and social services) and section 33 (everyone has a right to administrative action that is lawful, reasonable and procedurally fair). Thus the Commission has subpoenaed the above-mentioned persons.

END.

Enquiries: Phumla Mthala, Tel: (011) 484-8300, Cell: 0832883339

Issued by South African Human Rights Commission, 5 March 2001