Urgent press release: LHR seeks urgent medical treatment for gravely ill 12-year-old asylum-seeker

Lawyers for Human Rights has launched an urgent application in the North Gauteng High Court seeking life-saving medical treatment for a 12-year-old Somali girl.

The matter will be heard on Friday, 18 July 2014, at 10am.

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 R250 000 deposit for the surgery to be performed. As a result she was sent back to Kalafong, where she remains.

All indications from doctors from both Steve Biko and Kalafong are that the severely emaciated girl is gravely ill and needs urgent surgery to save her life, prompting LHR’s application. Without the surgery her chances of survival are not good.

In terms of Section 27 and 28 of the Constitution – which makes provision for emergency medical care – the hospital is compelled to perform the surgery. LHR is 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.

“It is disappointing to have to resort to court action in order to compel the public health service to provide life-saving medical attention to a minor when our Constitution specifically protects the rights of children and the right to emergency medical health care,” said LHR’s Patricia Erasmus.

Requests from LHR for access to her medical records have been unsuccessful, making it impossible to independently establish the urgency of the surgery.

“She is in constant pain and lies in her bed, moaning and clutching her stomach and chest. She is unable to eat and barely speaks. She is weak, unable to sit up without assistance and she is emaciated,” her brother said in court papers.

LHR is also shocked by the apparent lack of empathy from hospital staff towards the family.

“It is regrettable that I was also told by an attending doctor that people like me ‘come from Somalia and use my tax money for your medical treatment’ and that I should ‘take this child back to her mother in Somalia’,” her brother added.

For interviews contact LHR on 012 320 2949