Durban — The family of a rape victim claims the Department of Health’s demand that she prove her pain and suffering once again, to justify her civil claim, was unnecessary because the perpetrator, a male nurse in their employ, had already been convicted and sentenced.
They’ve become frustrated because, initially, the department seemed keen to settle her damages claim totalling R11.7 million out of court, but has since done an about-turn, which could result in a protracted trial and agony for the victim.
The victim was 17 when she was raped multiple times in a locked treatment room at a clinic in April 2021 while her mother was made to wait outside.
Philani Fezile Khumalo, 34, was convicted of the rape at the Hlengisizwe Community Health Centre in Hammarsdale and sentenced to 10 years in jail a year ago.
The victim contracted HIV “in utero” (while in the womb) and was with her mother at Hlengisizwe to receive their monthly doses of medical treatment.
“Since that happened to me, I have changed. I’m no longer the same fun-loving girl who used to enjoy being in the company of others,” said the victim.
At times, her mother said, she felt as if the rape was her fault.
“I feel if she was not infected, she wouldn’t have been in this situation,” said her parent.
It has emerged that Khumalo had allegedly raped two other minors on separate occasions at other healthcare facilities, using a similar modus operandi, which the Department of Health was apparently aware of before he was transferred to Hlengisizwe.
Khumalo is due to stand trial in one of the matters while the other has not progressed as the victim relocated to another province.
The extent of the victim’s suffering was included in the summons served on the Minister of Health in April 2023.
After much correspondence with the Department of Health since the claim was lodged with the Pietermaritzburg High Court, her attorney, Phyllis Jailall, believed headway was being made toward reaching a settlement.
She said a 20% reduction on the claim was offered so the matter could be finalised and prevent unnecessary suffering for the victim.
The department’s delay prompted Jailall to pen an appeal to them last month, reiterating that her client was “indigent” and desperately required funds for medical needs, including “psychiatric care”.
Jailall was informed that expert reports justifying the damages claims were required, and “no submission can be considered by any department without such evidence”.
Jailall said: “They (the department) have frustrated all efforts to settle the matter, which now requires the victim to face a civil trial and relive the horrific details of that day.
“They’re not sensitive to the further emotional trauma she will suffer, bearing in mind she already endured a full criminal trial.”
The court documents detailed the “severe emotional distress, mental anguish, physical harm and irreversible psychological harm” the victim had to bear, that she was suicidal and had made attempts to take her life. She needed constant therapy.
On the day of the rape, Khumalo asked the victim to enter a consultation room and asked her mother to remain outside.
He told her mother he needed to have a sensitive conversation about sexual issues with her daughter, and it would be better if she was not present.
He locked the treatment room and injected the victim with a drug that rendered her physically powerless and unable to fight him off.
The mother returned, having had a medical check-up in another room, and became anxious when she realised the door was still locked. More than 15 minutes had elapsed since her daughter had entered.
She banged on the door and a few more minutes passed before it was opened by a “nervous” and dishevelled-looking Khumalo.
Her daughter’s demeanour indicated something was wrong.
The victim eventually told a matron on duty that Khumalo raped her.
The matron told the mother that Khumalo had raped minor patients before and showed her an HR document as confirmation. Therefore, he was transferred to Hlengisizwe.
On the same day, a district surgeon examined the victim and confirmed that she had been raped, while Khumalo went on the run.
He handed himself over to police a week later and subsequently pleaded not guilty to the rape charge.
In court, he gave a version that the victim was his girlfriend but it was dismissed because he was unable to give her personal details like her address, surname, mobile number and parents’ names.
The department denied the allegations in its responding plea statement and required the victim to prove her version.
The victim’s mother said she was disheartened by the handling of the damages claim.
“The department knows all about this guy (Khumalo) and the case.
“It caused her to drop out of school in 2021.”
The mother said her daughter had hopes of becoming a nurse, but not anymore. She prayed that her daughter would still be able to pursue a meaningful career.
Sunday Tribune