TRC Final Report

Volume 5

Chapter 6

Subsection 28

THE COMMISSION THUS FINDS THAT:

THE FORMER GOVERNMENT, AND MORE SPECIFICALLY THE DEPARTMENT OF HEALTH, FAILED TO PROVIDE ADEQUATE HEALTH CARE FACILITIES TO BLACK SOUTH AFRICANS.

THE DEPARTMENT OF HEALTH, THE SADF, THE SAP AND PRISONS SERVICE FAILED TO PROVIDE ADEQUATE TRAINING, SUPPORT AND ETHICAL GUIDANCE TO HEALTH CARE PROFESSIONALS IN THEIR EMPLOY, THUS FREQUENTLY SUBJUGATING THE INTERESTS OF THE PATIENT/CLIENT TO THOSE OF THE STATE OR THE EMPLOYER.

PROFESSIONAL MEDICAL BODIES AND ASSOCIATED STRUCTURES FAILED TO FULFIL THEIR PROFESSIONAL DUTY AND STATED AIM OF PROTECTING THE HEALTH OF PATIENTS, BY NEGLECTING TO DRAW ATTENTION, AMONGST OTHER THINGS, TO THE EFFECTS OF THE SOCIOECONOMIC CONSEQUENCES OF APARTHEID ON THE HEALTH OF BLACK SOUTH AFRICANS.

SEGREGATED HEALTH CARE AND UNEQUAL BUDGETARY ALLOCATIONS WERE DETRIMENTAL TO THE PROVISION OF HEALTH CARE IN QUANTITATIVE AND QUALITATIVE TERMS AND RESULTED IN GROSS INEQUALITIES IN TERMS OF FACILITIES, RESOURCES AND TRAINING.

SOLITARY CONFINEMENT IS A FORM OF TORTURE, AND DETENTION HAD A SEVERE IMPACT ON THE HEALTH OF CHILDREN DETAINEES. THE MEDICAL PROFESSION FAILED TO TAKE A SUFFICIENTLY ROBUST STAND AGAINST SUCH PRACTICES.

THE STATUTORY COUNCILS AND PROFESSIONAL BODIES REPRESENTED ALMOST EXCLUSIVELY THE WHITE MALE MINDSET, THUS IGNORING THE NEEDS AND INTERESTS OF MILLIONS OF SOUTH AFRICANS. NO ATTEMPT WAS MADE TO ADDRESS THIS PROBLEM AND IMPROVE REPRESENTIVITY.

STATUTORY COUNCILS AND PROFESSIONAL BODIES FAILED TO CONDUCT PROPER INVESTIGATIONS INTO ALLEGATIONS OF MISCONDUCT BY DOCTORS AND NURSES AGAINST POLITICAL PRISONERS AND DETAINEES.

DISTRICT SURGEONS, WITH FEW EXCEPTIONS, FAILED TO RECORD COMPLAINTS AND/OR REPORT ALLEGATIONS AND EVIDENCE OF TORTURE AND ABUSE OF POLITICAL DETAINEES, THUS ENABLING SUCH PRACTICES TO CONTINUE UNABATED FOR YEARS.

TERTIARY INSTITUTIONS RESPONSIBLE FOR THE EDUCATION OF HEALTH PROFESSIONALS FAILED, WITHOUT EXCEPTION, TO ENSURE THAT STUDENTS ENGAGED WITH AND INTERNALISED ISSUES OF ETHICS AND HUMAN RIGHTS IN HEALTH CARE.

THE LIMITATION OF THE COUNCILS’ ABILITY TO INSTIGATE PROACTIVE INVESTIGATIONS INTO MISCONDUCT OFTEN ENABLED SUCH MISCONDUCT TO CONTINUE UNCHECKED. NO ATTEMPT WAS MADE TO CONFRONT THIS PROBLEM.