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 20 October 2008JUDGMENT TO BE HANDED DOWN FOR DR MALCOLM NAUDE, WHO WENT TO LABOUR COURT IN MAY 2008 TO CHALLENGE HIS DISMISSAL IN 2001 FOR PROVIDING ARVs TO RAPE SURVIVORS Judgment will be handed down at 10 am on Tuesday 21 October 2008 in the Labour Court in Arbour Square, Juta Street, Braamfontein, Johannesburg. On 12 - 28 May 2008, Dr Malcolm Naude went to trial to challenge his unfair dismissal by the Department of Health in Mpumalanga in 2001. Dr Naude believed his dismissal as a medical officer at Nelspruit’s Rob Ferreira hospital was unfair discrimination arising from his acting in accordance with his conscience and medical best practice in prescribing anti-retroviral treatment to rape survivors. In early 2000 the Nelspruit hospital staff (including doctors and nurses), the South African police services and the Greater Nelspruit Rape Intervention Project (GRIP) jointly established a rape crisis centre. Part of the service included funding doctor’s prescriptions for anti-retrovirals (ARVs) to rape survivors. At the time, the Mpumalanga Department of Health opposed the prescribing of ARVs and issued an instruction that hospital doctors were not permitted to do so. Dr Naude and other doctors believed this was an unwarranted interference in the exercise of their professional discretion in making clinical and ethical decisions in the care and treatment of patients. They continued to prescribe ARVs where this was required. In February 2001, the Mpumalanga DOH requested GRIP to vacate the care rooms where it provided services at the hospital. It also started legal proceedings against GRIP to prevent it from operating in the hospital. In June 2001 Dr Naude provided an affidavit in support of GRIP’s case opposing the eviction. In response the Mpumalanga DOH terminated his services. Attempts to settle this case were spurned leaving Dr Naude with no option but to pursue it in the Labour Court. Stand by Our Doctors! For further information, contact Mark Heywood, Director AIDS Law Project Cell: 083 634 8806 Bookmark this article:          |
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