Press release: LHR and Steve Biko Hospital reach agreement on treatment for 12-year-old asylum-seeker
Steve Biko Academic Hospital in Pretoria has agreed to treat a 12-year-old Somali girl that was initially refused a life-saving operation.
Lawyers for Human Rights (LHR) and the hospital reached an agreement on Friday that she would be treated immediately at Steve Biko where she has since been admitted as a patient. The agreement was made an order of court in the North Gauteng High Court.
The court order made it clear that she should receive the same treatment any South African citizen would and that the fees payable (if any) would be according to the same criteria as a citizen (in accordance with a means test whereby the family’s income will be assessed to determine whether they should pay fees). This means that the fact that the child is undocumented will no longer be a barrier to medical treatment.
The hospital has also undertaken to investigate a claim that a R250 000 deposit was demanded by staff before they would admit her – a claim the hospital has denied. The family has committed to assisting this investigation and will go to the hospital to point out the person who told them they needed to pay R250 000.
BACKGROUND:
LHR launched an urgent high court application on Wednesday after she was refused treatment, allegedly because she could not produce documentation and was unable to pay a deposit.
She arrived in South Africa on 4 July as an asylum-seeker with the intention of applying for refugee status after fleeing conflict in Somalia. Unfortunately, before being able to apply, she collapsed, complaining of weakness, a fever and vomiting. She was rushed to Kalafong Hospital in Atteridgeville, Pretoria on 5 July where her brother was told that she was suffering from a serious heart condition.
Her brother was told she needed immediate surgery and would be transferred to Steve Biko Academic Hospital as Kalafong was unable to perform the operation. However, she was not allowed to be admitted because she had no documentation and could not pay a deposit for the surgery to be performed. As a result she was sent back to Kalafong.
All indications from doctors from both Steve Biko and Kalafong were that the severely emaciated girl was gravely ill and needed urgent surgery to save her life, prompting LHR’s application. Without the surgery her chances of survival were not good.
In terms of Section 27 and 28 of the Constitution – which make provision for emergency medical care and govern children’s rights in South Africa – the hospital was compelled to perform the surgery. LHR was of the view that the payment of a deposit should not negate the need for such urgent intervention and will challenge this requirement at a later stage if it emerges from the investigation that such a policy exists.
LHR’s Patricia Erasmus welcomed the settlement. “We are happy that, as a result of this court action, the Somali child has been admitted to Steve Biko and will receive the medical attention she so urgently needs. Although it is understood that her frail condition might prevent the operation from taking place immediately, at least her lack of documentation will no longer pose a barrier to medical care.”
For interviews, contact LHR’s Patricia Erasmus on 012 320 2949