Sheriff seizes vehicles to settle health lawsuit

THE sheriff has seized several cars belonging to the provincial health department, which owes a woman almost R17-million in damages for medical negligence.

The department yesterday vowed it would, by the end of this week, settle the outstanding amount of some R16.8-million to the mother whose child suffers from severe cerebral palsy due to medical negligence on the part of department officials.

After a long legal battle, the department last year agreed to pay some R18-million to the family. The settlement was made an order of the Mthatha High Court in November.

But, the department failed to come up with most of the money as it had not been budgeted for, admits health spokesman Sizwe Kupelo.

A writ of execution was issued and the King William’s Town sheriff this week seized several state vehicles.

Kupelo yesterday confirmed this but emphasised they were vehicles used for administrative purposes and not Emergency Medical Services vehicles.

Kupelo says the department had already settled an interim payment of about R1.5-million to the family after the order was granted.

“The department will pay the difference of R16.8-million by the end of this week as it had to reprioritise its funds to settle the difference.”

He revealed that the department was also seeking extra funding to meet its obligations stemming from other court orders against it. He said this had a negative impact on its operations and the state attorney had engaged all attorneys concerned. Most had granted the department an indulgence of about two months so that it could reprioritise spending. “However, there will be those that really want to embarrass the government and who still pursue the matters despite being aware [of our situation].”

The lawyer in this matter, controversial personal injury attorney Zuko Nonxuba, yesterday refused to comment. He asked the Dispatch to e-mail questions, but did not provide an e-mail address as promised.

Nonxuba, who has sued the department for millions for alleged medical negligence, has himself landed in hot water more than once for allegedly overcharging clients and not passing on the benefits of huge settlements he obtained on their behalf.

The Grahamstown High Court last year asked the Cape Law Society to investigate a matter in which Nonxuba charged an indigent client some 65% of her R1.15-million Road Accident Fun (RAF) award.

The RAF had already settled most of his essential costs.

Despite this, he charged the woman an additional R950 000.