November 5, 2004 Date Fixed For Hearing In Vereeniging Equality Court
Embargo: Immediate release
Enquiries: John Smyth, QC (legal spokesperson)
Cell: +2783 653 8804 Sister Wilhemien Charles and the Kopanong Hospital:
Further to our Press release of 2004-08-23, the first hearing of Sister Charles’ case against the Gauteng Department of Health, the National Minister of Health and the Gauteng MEC for Health will be:
ON THURSDAY NOVEMBER 4TH
09:00 HOURS
VEREENIGING MAGISTRATES’ COURTS BUILDING (Corner of Beonfielg and Lesley Streets)
The Presiding Officer (the judge) will be Magistrate Mrs Furumele
Mr John Smyth will appear for the Complainants
The State Attorney represents the Respondents
Sister Charles, a Chief Professional Nurse with special qualifications in Theatre work, was barred from working in theatre at the Kopanang Hospital in Vereeniging because she had taken a stand on her constitutional right not to do abortion cases on the ground of her Christian beliefs. The new Equality Courts set up under the Promotion of Equality and Prevention of Unfair Discrimination Act 2000, provide a fast-track procedure for dealing with cases of this nature. The theatre sister and Doctors for Life are claiming against the Hospital, the MEC and National Minister of Health:
An immediate order that the sister be re-instated.
An unconditional apology.
Damages for the impairment of her dignity, and for emotional and psychological suffering, in the sum of R50,000 and costs.
Orders directing the Gauteng Health Department and MEC, and the National Minister of Health to restrain unfair discriminatory practices on the ground of religion, conscience or belief at the Kopanong Hospital and at Health facilities nation-wide.
This is one of the first sittings in South Africa of an Equality Court . The legislation setting up the Courts came into force on 16 June 2003 .
This court case might be a foretaste of many more to come should the Government proceed with the proposed amendments to the abortion law. These amendments are bound to increase the pressure on Health Professionals to take part in abortion. The bill will be discussed on the 4 th of November at Empangeni by the Lower House of Parliament.
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For more information, contact Heinrich Botes (+27 72 219 1962) or John Smyth QC, legal spokesperson (+2783 653 8804).
Doctors For Life International represent more than 1000 medical doctors and specialists; three-quarters of whom practice in South Africa . Doctors For Life was founded as a South African organisation in 1991 and has spread across the globe. DFL is involved in several community projects including orphan care, the care of terminal AIDS patients, malaria prevention and the care of abused women. Please go to: www.doctorsforlifeinternational.com for more information about these projects.