Pretoria east midwife convicted after new-born dies
A Pretoria High Court ruling found a woman guilty of culpable homicide, assault and fraud following complaints from former patients. Prosecutors said she failed to refer complicated cases and used medication to induce labour without consent.
A woman from Murrayfield, in the east of Pretoria was found guilty of the culpable homicide of nine-day-old Noah Von Kloeg, six counts of assault, fraud, employment of an unqualified person, and five counts of assault involving a legal duty.
The National Prosecuting Authority (NPA) has welcomed the ruling by the Pretoria High Court.
The woman, Yolande Maritz Fouchee (48), worked as a midwife between 2019 and 2020. She assisted pregnant women both during pregnancy and during birth at her practice in Murrayfield.
NPA spokesperson Lumka Mahanjana said, “During the pregnancy and birthing process of those women, Fouchee would overlook pregnancy complications in respect of her patients and not refer them to the appropriate specialists.”
She stated that Fouchee also claimed that she is capable of performing normal to low-risk birthing.
According to Mahanja, during inuring the birthing process, Fouchee would offer the pregnant mothers water mixed with Cytotec or Oxytocin in order to induce and augment their labour without their knowledge.
“On April 3, 2019, one of the victims’ [had] labour induced. She gave birth, and nine days later her baby died due to the complications overlooked by Fouchee,” she added.
Mahanjana said in 2020, Fouchee was reported to the South African Nursing Council by the victims, and criminal cases against her were opened at Silverton police station.
She said after an investigation by the police, Fouchee was arrested on June 24, 2024 at her home.
“In court, Fouchee pleaded not guilty to the charges preferred against her, and denied committing the offences.
“However, the state prosecutor, Advocate Jennifer Cronje presented compelling evidence by Fouchee’s daughter, the victims, Professor Priya Soma-Pillay, [and] Professor Izelle Smuts, both experts from Steve Biko Academic Hospital who compiled detailed medical reports about ante-natal care, labour and delivery as well as neonatal emergency care, [and] proved the state’s case beyond reasonable doubt,” said Mahanjana.
She stated that the Acting Director of Public Prosecutions in Gauteng, Advocate Marika Jansen van Vuuren, commended Advocate Cronje for her work, and said that such cases set precedent that medical officials are not above the law and that they too can be criminally prosecuted.
She hopes that this judgement provides some justice and closure to the victims and their families.
Mahanjana said the matter has been postponed to May 25 for sentencing proceedings.
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