EASTERN CAPE – The Eastern Cape Department of Health has rejected a R500 000 claim by a Jeffrey’s Bay woman who claims she was left paralysed after a tooth extraction at Cecilia Makiwane Hospital, stating there is “no legal basis” for any payout.
Thobeka Priscilla Jantjies, who has been paralysed since undergoing the procedure in 2002, travelled to the provincial Legislature in Bhisho last week to demand compensation and intervention from government.
The department’s response comes after the Democratic Alliance (DA) said it would submit parliamentary questions to Health MEC Ntandokazi Capa following Jantjies’ protest.
In a statement issued, the department said it “notes, not without concern, Thobeka Jantjies’s visits to different government departments and the Eastern Cape Legislature” and acknowledged her situation, adding: “We recognise her plight.”
However, the department said investigations into her case had found no evidence of negligence or a causal link between the dental procedure and her current condition.
“Our investigation of her case has not demonstrated any evidence of negligence on the part of the Department,” the statement read. “In fact, it would appear that there isn’t even any causality between her current condition and the care that was provided.”
The department added that when Jantjies first lodged her claim, “the administration also did not find any basis for negligence and hence could not and did not concede liability”.
Addressing the R500 000 claim, the department said there “remains administratively no legal basis to make any payments as a medico-legal settlement because there is no liability present”, warning that doing so “will likely be an audit query”.
The department said that, as a goodwill gesture, it had previously offered assistance aimed at improving Jantjies’ living conditions, including support facilitated through other government departments.
“We also facilitated with other departments like Human Settlements as well as Social Development, to look at opportunities to provide a fully furnished house in Jeffreys Bay, ensure applicable grant support and business opportunities,” the statement read, adding that the offer was declined at the time and subsequently lapsed.
Despite rejecting liability, the department said it continues to provide clinical care and remains willing to assist Jantjies in accessing available social support.
“It must be emphasised that the Department continues to offer clinical care to Mrs Jantjies and is willing to advocate for and facilitate with other relevant departments,” the statement said.
Last week, the DA Shadow MEC for Health Jane Cowley said the party would submit parliamentary questions to Capa to establish the full facts of the case and how it has been handled.
“The Democratic Alliance is deeply concerned,” Cowley said, adding that Jantjies’ protest “highlights the plight of individuals who have been failed by the department”.
She said Jantjies has been waiting 24 years for finality.
Cowley also pointed to the broader medico-legal crisis facing the Eastern Cape Department of Health, with contingent liabilities reportedly exceeding R40 billion.
“The ongoing medico-legal crisis… has created enormous pressure on the provincial budget,” she said, warning that when claims are settled or result in court orders, the costs are often drawn from the Department’s operational budget.
This, she said, has “serious consequences for staffing, medicine procurement, equipment replacement, and the overall quality of healthcare delivery”, ultimately exposing the department to further negligence claims.
Cowley said the DA would continue to hold the MEC and the Department accountable and push for urgent intervention to ensure that healthcare resources are directed towards patient care.
The department, however, reiterated that Jantjies retains the option of pursuing legal avenues should she believe her claim has merit.
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