Important note: Information in this article was accurate in 2003. The state of the art may have changed since the publication date.
Sunday Times (Johannesburg) - October 12, 2003
Claire Keeton
Liesl Gerntholtz, the Aids Law Project lawyer who represented the woman, known as VRM, said the council had consistently demonstrated that it accepted a doctor's version over a member of the public's without investigating disputed facts. In this case the council had cleared Dr Elardus Labuschagne of "improper or disgraceful conduct" after he tested the woman for HIV without her informed consent and failed to warn her that she was HIV-positive during her pregnancy.
The project took the council to the Pretoria High Court to set aside the decision not to censure the doctor. The court dismissed its application and last month the project appealed against that ruling.
On Friday judges Willie Hartzenberg, Chris Botha and Phineas Mojapelo ruled against the council, making it pay costs to the project. They unanimously decided to refer the complaint back to the council for further inquiry.
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