One victim, Lukhanye Somthunzi, said she was sterilised in February 2004, and found out after a private doctor confirmed it.
Her Right Initiative (HRI) lawyers have confirmed that they instituted legal action on behalf of the victims of forced and coerced sterilisation that happened between 2007 and 2023.
In an interview with The Citizen yesterday, Professor Ann Strode, from the School of Law at the University of KwaZulu-Natal and technical advisor to HRI, said the organisation was using multiple legal strategies to try to get redress for the 104 sterilised women that they represent.
“The international law firm, DLA Piper, has taken on the matter and is investigating various legal options, including a class action against the Department of Health.
“It has already issued a letter of demand for redress for the victims. It is hoped that civil action against the department will be successful,” said Strode.
Legislation barriers
Strode said they were also pressuring the Parliamentary health portfolio committee to ensure the department reports back on the steps it would take to resolve the matter.
She added that they hoped the pressure would lead to changes to the Sterilisation Act of 1998 to enhance consent protections.
“It is also hoped that this will also lead to better training on obtaining consent from patients so that this practice stops.
“We are using various international law approaches through the United Nation system to increase the pressure on the department. In 2026, HRI will continue with all the strategies.”
When asked if the cases were winnable in court, she said all 104 cases have been prescribed because none of the women came forward within the required three-year period.
“This is a significant legal barrier that DLA Piper faces in trying to obtain redress for the victims.
“However, the Centre for Applied Legal Studies (Cals) at Wits has had some success in addressing prescription issues, and links are being developed with Cals in relation to obstetric violence cases, and it is hoped it will be possible to overcome this barrier.”
She has called on the individuals and organisations to support the HRI efforts by writing to the minister of health or the Health Portfolio Committee, urging them to ensure that the victims receive redress.
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Coerced sterilisation victims speak out
In an interview with Newzroom Afrika, Sherly Mosothoane said the justice system failed her and others.
She said she was sterilised some years ago when giving birth to her twins.
“There was a senior nurse who came to me a congratulated me, and told me that I did well.
“I thought she was talking about delivering the babies, but I realised that she was not talking about that when I asked said she was talking about sterilisation.”
Mosothoane said as she was in pain in the labour ward, a nurse came with many papers and put them on her chest and said she had to sign and give consent to the sterilisation procedure.
She said the nurse told her to sign the papers because she was HIV-positive and had many kids.
Another victim, Lukhanye Somthunzi, said she was sterilised in February 2004, and found out after a private doctor confirmed it.
“When I was admitted, the nurses told me that I was going to give birth with a Caesarean section. The doctor came and asked me if I knew about my HIV status.
“When I said yes, he said you people are not allowed to have babies anymore because you are going to die and leave orphans behind. ‘He said after delivering the baby, they will have to sterilise me. I asked to speak to my husband and mother, the doctor refused, saying they don’t have time [for] games, I must sign the forms.”
National health department spokesperson Foster Mohale denied that the department instructed the doctors to force the patient to agree to be sterilised.
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