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Organisation, family seeks justice for unjust death

“We advised the family members to take the matter up with the Department of Health. The matter is not a criminal offense, it is a civil matter,” says police spokesperson Constable Lethabo Mashiloane.

An organisation fighting for patients’ rights is appealing to legal representatives to take the case of a man who died at the Mamelodi district hospital after his life-support was switched off without informing his family.

The Rea Thusa/We Help organisation accompanied Faith Mudau, the mother of the late Reinhardt Oliphant (36) who died on May 19, to open a case of murder against the Minister of Health, the Gauteng health MEC and the hospital at the Mamelodi East police station on Tuesday morning.

The station, however, refused to open a case.

“His mother was devastated but this will not stop us from seeking justice for her,” said Virginia Klepper from Rea Thusa/We help.

“Every mother should stand up and fight with Faith because it could be their son or daughter next time.”

Oliphant was admitted to the hospital on May 15 after he felt numbness on the side of his body. A scan at the hospital discovered a brain tumour and he was later diagnosed as brain dead.

Police spokesperson Constable Lethabo Mashiloane confirmed that Oliphant’s family and the NGO came to the station and met with one of the senior detectives.

He said the police did not refuse to open a case.

Reinhardt Oliphant (36) died on May 19 at the Mamelodi District Hospital when his life support was switched off prematurely.

“We advised the family members to take the matter up with the Department of Health. The matter is not a criminal offence, it is a civil matter,” said Mashiloane.

The family said they wanted to say goodbye to Oliphant, they wanted a few more hours so they could all gather around his bed, say prayers and hold his hand until his heart stopped. But they were cheated.

Klepper claimed the hospital management promised the family a couple of hours for her to go home and fetch all her children before switching off the life-support.

“The minute she left the hospital, they did not keep their promise and switched off the life-support.

“As we have pointed out on numerous occasions, this is completely a human rights violation and it’s disgusting.

“Someone must take responsibility and there must be a form of accountability for what they did to this poor mother by robbing her of those final moments at her son’s death side,” she said.

Today, his mother is traumatised and feels that she should have stayed by her son’s bedside on that day.

“We had so many complaints about the hospital. The hospital must consider people’s feelings, especially in the final moment of death,” said Klepper.

She said the family was not in denial over the condition he was in.

“Instead, they just begged the hospital for a few more hours. This was not too much to ask for.”

Gauteng health department spokesperson Motalatale Modiba said the hospital’s management was aware of the family’s complaint.

He said the department’s primary responsibility was to preserve lives.

“The loss of such a young life as that of Mr Oliphant is a great tragedy; therefore, we would like to send our deepest condolences to the family,” said Modiba.

She said the family was informed and counselled for three days regarding Oliphant’s condition.

“The family did consent to the process of de-escalation where Mr Oliphant was removed from breathing with ventilator machine to breathing with normal oxygen,” she said.

“This means that the patient was allowed to breathe naturally until there was no sign of life.”

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