Nurse to sue about abortions

2005-01-19 23:10

Johannesburg - Anti-abortion nurse Wilhemien Charles intends going to Johannesburg High Court to get an apology from health officials for being "harassed and intimidated" into performing abortions against her will.

John Smyth of Doctors' for Life said that, although he had been instructed to seek remedy in the labour court, it would not afford her the same "say, rights and remedies" as the high court's equality court.

He said: "A former theatre nurse at Kopanong Hospital in Vereeniging, Charles was allegedly pushed to participate in abortions brought in for evacuation.

"When she made known her religious objections, she was allegedly "mocked" and "made to look stupid", and eventually left to enter the private sector in 2004."

Emotional, psychological suffering

Charles initially approached Vereeniging equality court, which instructed her to take the matter to labour court.

Instead, she is now bringing an action in the High Court, in conjunction with Doctors' for Life, against the Gauteng health department, Kopanong Hospital and Gauteng health MEC Gwen Ramakgopa.

Health Minister Manto Tshabalala-Msimang is among those she intends taking to court "because she's responsible for policy in all hospitals".

Apart from an unconditional apology, they would claim R50 000 damages for the impairment of her dignity, and emotional and psychological suffering.

Intimidation and pressure

Smyth said they would seek orders directing health officials to prevent unfair discriminatory practices on the grounds of religion, conscience or belief at Kopanong Hospital and other health facilities throughout the country.

"Had Charles approached the labour court, she would have had to finance the case herself.

"Doctors' for Life would not have been able to join as co-complainants, and action against the national health minister would have been ruled out."

He said Charles and Doctors' for Life intended leading evidence that the sort of intimidation and pressure allegedly endured was systemic and nationwide.

Doctors' for Life had received complaints and inquiries since the case became public, and these, too, would be placed before the court.

- SAPA