Residents fear mast is a health hazard
way that harm is determined is if you suffer loss in terms of medical expenses as a result of treatment or loss of earnings as a result of the treatment, and also pain and suffering.”
Professor Sylvester Chima, who is the head at the Programme of Bio and Research Ethics and Medical Law at the University of KwaZulu-Natal, believes that the high number of lawsuits in South Africa is in part due to the legal framework which both governs and protects patients and healthcare providers.
“A good example of this is the law around termination of pregnancy, which provides for termination up to 40 weeks of pregnancy for severe congenital abnormalities. This means that if a doctor fails to diagnose a severe abnormality, the parents may sue the doctor for maintenance costs for the child.”
Chima said another example is the law which obligates health professionals to obtain signed consent from patients before providing their services, but which many doctors do not adhere to. Chima suggested that the current system relies on “righting a wrong” through the courts, which by its nature was expensive and adversarial. He believes that instead, the system should make provision for compensation without involving the courts.
“A compensation fund, similar to the UK’s Clinical Negligence Scheme Trust, where cases are mediated and settled, would save on expensive legal fees but still compensate those who have been affected by medical negligence,” he said. A CELLPHONE mast erected on Blouberg Ridge Primary School’s premises has caused an outcry among neighbouring residents, who fear radiation from the structure could be dangerous to the health of learners and the surrounding community.
The mast, which is 25m high, was put up despite some residents objecting to its erection. When the proposal for the mast’s construction came to light in 2016, fear was expressed that electromagnetic radiation from the mast would pose a health hazard.
“We can’t believe the school trust considered this when there is so much information available from the World Health Organisation about how bad masts are. First World countries are removing their (cellphone) towers and opting for fibre,” said resident Zane van Rooyen.
“Children are there for five days of the week for seven years of their developing lives. The electromagnetic radiation is magnified in that area. How can the council call it (the mast’s erection) a ‘minor work’?”
Another resident, Bruce Sherman, said only a few residents were given the opportunity to comment on the mast’s erection due to the development being classified as a “minor work” that required little input from residents.
“Minor works are classified as a carport or wendy house, not a 25-metre tower. A number of residents in six or seven neighbouring roads feel excluded by a project that will impact them and has been green-lighted,” said Sherman.
“We were misled by the school trust saying that we would be able to object. The safety of children was raised.”
The chairperson of the school’s trust, Alistair Duminy, said the land on which the mast was erected belonged to the trust, so the Department of Education was not required to sign off on the development. However, parents were approached, and approved of it.
“The trustees understand these concerns. After researching this we found the experts themselves haven’t reached consensus. However, there are World Health Organisation standards used in South Africa. We will be monitoring test results (on radiation) very carefully. The parents were surveyed and a large majority gave their approval,” he added.
CHILDREN ARE THERE FOR FIVE DAYS OF THE WEEK FOR SEVEN YEARS OF THEIR DEVELOPING LIVES