Inter Press Service - November 26, 2001
Khadija Magardie

There are so many questions, heightened by anxiety brought on by the knowledge that everything the expectant mother does could affect the unborn child. But these fears can be allayed through proper education - the provision of which in the form of free ante-natal care for pregnant woman, has been the jewel in the post-apartheid African National Congress, ANC, government's health crown.

Which is why, when 19 year-old HIV-positive Sibongile walked through the doors of Kwa-Nyamazane Clinic, and later, Rob Ferreira Hospital in Nelspruit, she expected her unspoken questions to be answered.

Too scared to disclose her HIV-status, Sibongile she says she did not tell the nurses who attended to her at the clinic mainly because she thought she would be victimised as having been promiscuous. The nurses and doctors, she reasoned, would find out anyway, through routine blood tests. But now Sibongile's worst fears have materialised - her baby, Tinashe, also has HIV. The baby, now six months old, was born with the virus, or contracted it shortly after her birth in April at Rob Ferreira hospital.

Alleging gross negligence and incompetence on the part of the health professionals who attended to her pregnant mother, baby Tinashe has become the youngest fighter for the provision of optimum health-care for HIV positive pregnant woman. She is suing the Mpumalanga MEC of Health, in her capacity as employer of the doctors and nurses at the respective facilities, for not only allegedly failing to take any steps to establish Sibongile's HIV status, but also for allegedly failing to make any information available to Sibongile regarding the steps she could have taken to prevent her child from contracting the virus.

The case could have dramatic consequences on the government's policy of non-provision of drugs that could reduce mother-to-child transmission of HIV in public sector hospitals and clinics. But it is more to do with educating pregnant women about their options, says Tinashe's lawyer, Richard Spoor.

Even though the state has a policy on the non-provision of the drugs, Spoor says Sibongile should have been told of her options. Like giving Sibongile information on HIV during her antenatal classes, or prescribing vitamin supplements - Sibongile says she was weak and emaciated during her pregnancy. Or reducing the risk of transmission during labour by performing a caesarean section.

Even if they did not know her status, Spoor argues, they should have taken the necessary precautions. And specifically, that Sibongile could have been told there were drugs available through private practitioners that could help prevent the passing on of the virus.

With the assistance of the Aids Law Project, Nelspruit lawyer Spoor will be leading litigation against the provincial health authorities on behalf of Tinashe.

In an unprecedented legal action, the letter of demand, served on Mpumalanga Health MEC Sibongile Manana, instructs that Manana - in her capacity as the employer of the healthcare workers at Rob Ferreira hospital - pay damages of R7 million to Tinashe as a result of the hospital's negligence, or face a summons.

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