A former midwife who administered medication to pregnant women without their knowledge and caused the death of a nine-day-old baby has been sentenced to 23 years’ direct imprisonment by the Pretoria High Court.
Yolande Maritz Fouchee (48) of Murrayfield, Pretoria, who owned You and Me Midwife-led Maternity Care, was convicted on multiple charges including assault, assault involving a legal duty, culpable homicide, fraud and employing an unqualified person.
The National Prosecuting Authority (NPA) confirmed that the court imposed five years’ imprisonment on six counts of assault, 25 years’ imprisonment on each count of assault involving a legal duty, eight years’ direct imprisonment for the culpable homicide of nine-day-old Noah Von Kloeg, two years’ direct imprisonment for fraud and 12 months’ direct imprisonment for employing an unqualified person. Several sentences will run concurrently, resulting in an effective sentence of 23 years’ direct imprisonment.
Pattern of negligence and deception
Between 2019 and 2020, Fouchee conducted pregnancy check-ups and assisted women to give birth at her Murrayfield practice. During the pregnancy and birthing process, she overlooked pregnancy complications and failed to refer patients to appropriate specialists, despite telling pregnant women she was capable of performing normal to low-risk births.
The court heard that Fouchee offered pregnant mothers water mixed with Cytotec or Oxytocin to induce and augment labour without their knowledge. On 3 April 2019, one victim’s labour was induced by Fouchee. The woman gave birth, but nine days later her baby died due to complications that Fouchee had overlooked.
In 2020, victims reported Fouchee to the South African Nursing Council and opened criminal cases at Silverton police station. Following a police investigation, she was arrested on 24 June 2024 at her residence.
Trial and sentencing
Fouchee pleaded not guilty to all charges and denied committing the offences. However, State Prosecutor Advocate Jennifer Cronje presented compelling evidence from Fouchee’s daughter, the victims and Professor Priya Soma-Pillay and Professor Izelle Smuts, both experts from Steve Biko Academic Hospital. The experts compiled detailed medical reports about ante-natal care, labour and delivery, and neonatal emergency care, which proved the state’s case beyond reasonable doubt.
During sentencing proceedings, the defence requested correctional supervision on the basis that Fouchee was a first offender and unemployed. Advocate Cronje argued that the accused had shown no remorse, as she continued to deny responsibility and demonstrated no insight into the harm caused to victims and their families.
The state argued that Fouchee deprived baby Noah Von Kloeg of his right to life and caused lasting harm to other children who continue to suffer health complications because of her conduct. Advocate Cronje submitted seven Victim Impact Statements facilitated by Court Preparation Officers Lebogang Lebese, Louann Shuttleworth and Ennie Mudau. The statements detailed the severe emotional, financial and relational impact the incidents had on victims and their families.
Court’s findings
In delivering judgment, Judge Papi Mosopa agreed with the state that Fouchee showed no remorse throughout the proceedings. The court found that she acted negligently by failing to refer patients for specialised medical intervention when necessary.
The judge said everyone has a constitutional right to life and that Fouchee had no right to endanger the lives of her patients and their children.
