06/11/2019
We are a feminist human rights organisation advocating for promotion and protection of equality, justice, and liberty to women and LGTIAQ+ people in conflict with the law. We assist women, LGBTIAQ+ and men. We acknowledge that men are part of our society, therefore, we are trying to create a platform where we can work amicably. Again, we trying to embrace the UN Women campaign on HeforShe.
The work of the organisation is mostly around the following:
1. Cases of Gender-Based Violence and Femicide
2. Analysing the gaps within the law that hinders the promotion of Gender Equality
3. Promoting access to justice on survivors of GBV and Femicide.
The following case is an example of what we mean by people in conflict with the law:
Scenario
Our very first client was Zodwa. Zodwa is an unemployed single mother of three. She is in her early 50’s. She comes from a background that could not afford to send her to school to acquire formal education. She earns money through working as a casual domestic worker and also receiving a child grant for her children. She lives with her kids in an informal settlement. One day she was badly assaulted. She then went to the police station to open a case. The police gave a J-88 form that has to be signed by the doctor after having examined. The purpose of J-88 is for the evidence to be recorded in the police file about the extent of damage caused to the person that has been assaulted.
The hospital has a policy that sets out how the hospital should generate revenue. Part of that policy stipulates that children under the age of 6 and elderly above 60 years old are exempted from paying to the hospital if they have to be examined by the doctor. There is a R50.00 fee that one has to pay upfront before being examined by the Doctor. This is a Government hospital, it is a public hospital. South Africa is one of the countries with a high rate of poverty and unemployment.
We need to highlight the fact that with a R50.00 one could buy ingredients that can produce a meal. It was Zodwa’s turn to go inside the Doctor’s room, she went inside. The Doctor requested a receipt as proof that she has paid. Zodwa told the Doctor that she does not have the R50.00. The Doctor refused to examine and assist her because she did not have the required R50.00 fee. Zodwa became desperate for help, she could feel being rejected by the “system”. She felt being victimised by the Doctor and the hospital policy. In this scenario firstly her human rights have been violated by the perpetrator, her right to dignity, privacy, equality ( she became vulnerable and did not feel safe) ( as a normal person how do you think this situation made her children feel, in her vulnerable state how was she going to be able to protect her innocent children?) She went to the police station for help, then the police sent her to the hospital ALONE WITHOUT BEING ACCOMPANIED BY A POLICE OFFICIAL AS VULNERABLE AND VICTIMISED AS SHE WAS!
She approached us - the Women’s Tribunal South Africa for help. After having narrated her case to us, we open a file for her and IMMEDIATELY WHILE THE EVIDENCE IS STILL THERE accompanied her and drove her to the hospital again, we wanted to hear ourselves the reaction of the doctor. We then went to the Department of Health to report and also requested their urgent intervention.
Our argument was premised on the fact that:
1. The Constitution provides for the promotion and protection of human rights,
2. Her human rights have been violated
3. The Doctor does not have a legal right to refuse to assist her because the hospital policy cannot take precedence over Constitutional rights.
The Department of Health instructed the Doctor the assist her immediately. Women’s Tribunal SA took Zodwa back to the hospital. The Department further acknowledged the wrongfulness of the Doctor’s conduct and apologised to the complainant Zodwa. We, therefore, requested the Department to properly address this policy so that they avoid the reoccurrence. The Doctor examined her regardless of the fact that she did not have to pay the required R50.00. The Doctor also signed the J-88 form.
Finally, we took her to the police station to hand in the signed J-88. The perpetrator was arrested that same night.
