More trials, trauma for rape victim

• Published date: 21 April 2024
• Author: Mervyn Naidoo
• Publication title: Sunday Tribune

They’ve become frustrated because, initially, the department seemed keen to settle her damages claim totalling R11.7 million out of court, but has since done an about turn, which could result in a protracted trial and agony for the victim

The victim was 17 when she was raped multiple times in a locked treatment room at a clinic in April 2021 while her mother was made to wait outside.

Philani Fezile Khumalo, 34, was convicted of the rape at the Hlengisizwe Community Health Centre in Hammarsdale and sentenced to 10 years’ jail a year ago.

The victim contracted HIV “in utero” (while in the womb) and was with her mother at Hlengisizwe to receive their monthly doses of medical treatment.

“Since that happened to me, I have changed. I’m no longer the same fun-loving girl who used to enjoy being in the company of others,” said the victim.

At times, her mother said, she felt as if the rape was her fault.

“I feel if she was not infected, she wouldn’t have been in this situation,” said her parent.

It has emerged that Khumalo had allegedly raped two other minors on separate occasions at other healthcare facilities, using a similar modus operandi, which the Department of Health was apparently aware of before he was transferred to Hlengisizwe.

Khumalo is due to stand trial in one of the matters while the other has not progressed as the victim relocated to another province.

The extent of the victim’s suffering was included in the summons served on the Minister of Health in April 2023.

After much correspondence with the department of health since the claim was lodged with the Pietermaritzburg High Court, her attorney, Phyllis Jailall, believed headway was being made toward reaching a settlement.

She said a 20% reduction on the claim was offered so the matter could be finalised and prevent unnecessary suffering for the victim.

The department’s delay prompted Jailall to pen an appeal to them last month, reiterating that her client was “indigent” and desperately required funds for medical needs, including “psychiatric care”.

Jailall was informed that expert reports justifying the damages claims were required, and “no submission can be considered by any department without such evidence”.

Jailall said: “They (the department) have frustrated all efforts to settle the matter, which now requires the victim to face a civil trial and relive the horrific details of that day.

“They’re not sensitive to the further emotional trauma she will suffer, bearing in mind she already endured...