Special Hearings — Health Sector Hearings — 1997-06-18

CHAIRPERSON: Can I welcome all of you again today.  We had a very long session yesterday and I hope that we will be able to cut down on the proceedings today.  I want to hand over to Dr Ramashala who is going to be making some opening remarks and then I want to follow that up with some points on today's proceedings.

MAPULE RAMASHALA: Thank you Chairperson. Good morning everybody.  This morning I thought I would set the tone so to speak by remembering those doctors who couldn't walk away from it.  I think this is an important occasion to help us do a critical analysis of our past behaviour and I say more broadly, particularly in the field of human rights, to do an honest assessment, not only looking at individual behaviour but also examining those policies, structures and procedures that enable the perpetration of those gross human rights violations, particularly in the health sector.
 First I want to pay tribute. Dr Mvuya Tom, Dr Abe Nkomo, Dr Aaron Mac Claury(?), Dr Rafiek Ismaela(?), Dr Ndeleza Mjee(?), Dr Joe Viriaver(?), Sister Madelaine Tshabalala, and many many others of you for whom the floor was frequently your surgical table, for whom improvisation was your practice art, for whom life was very dangerous just by the act of intervening.  Many of you were detained just for intervening, many of you were tortured, many of you were harassed.  
 My tribute to Black doctors is not to take away or demean what was contributed by doctors in the broader South African community, but it is a special tribute because they couldn't walk away from it you see, they were part of the morass, part of the pain, part of the struggle and overriding all of that was the question of caring even under very difficult circumstances.   
 To all South African doctors, both Black and White, it is arrogant of me to remind us that caring is more important, much more important than State objectives, that our patients are much more important than the security of the State, and that perhaps as we look to the way forward that we'll learn from our past experiences and our past behaviour and that we make a strong strong commitment that our patients come first.
 I want to read some excerpts from some of the letters we received, and this will be done throughout the day, just a few excerpts.  The first is from the Harvard School of Health, Centre for Health and Human Rights.
"The Francois Xavier Centre for Health and Human Rights at the Harvard School of Public Health supports the process of examination and the search for the truth.  The systematic structural conditions which enable human rights or violations to go unchecked must be brought to light. We believe that the call for accountability by the health institutions and professionals will serve as a model for such work around the world.  Knowing that this process will be painful and difficult at times, but ultimately will create an environment in which all live from human rights violations is what makes this endeavour so worthwhile.  We extend our utmost support to the work of the Commission".
An excerpt from Johan S.Veer Stigting (?) Foundation for Health and Human Rights, 
"We believe that your hearings will constitute a milestone in the history of the health profession which surpasses the interests of South Africa. We wish you much success in conducting these hearings".
An excerpt from the World Federation of Mental Health:
"It is regrettable that the WFMH is unable to directly be represented at the hearings, but I am sure that the members of the Federation worldwide will await with keen interest to hear about the outcome of the deliberations.  On behalf of the WMFH I wish to extend the strongest support to the hearings.  We trust that your deliberations will be fruitful and assist in the process of reconciliation in South Africa.  I have no doubt that the WMFH would be more than willing to participate in any further activities initiated by the hearings".
 And finally for this part of the morning, a letter from the Province of KwaZulu Natal Health Services, the Minister's Office:
"We should be especially vigilant in the health care field.  Our aim must be to always provide care and comfort for those who turn to us for help.  We must ensure we are not maltreated, abused or corrupted by their contact with us. To be able to do that we have to be aware of the shortcomings of the past, of how systems have been manipulated and what motivators drove the causes of evil. We need the truth, not for retribution but for reconciliation and for the capacity to build a better system, better processes and procedures so that the people whom the health sector serves are accorded the attention and support they deserve. It is my hope that by exposing the short-comings of the past, we'll be able to create a future in which all health care providers are viewed with trust as people of compassion, integrity and skill.
 I wish you all the very best in your deliberations today.
Chairperson, excerpts will be read throughout the day from all the different letters we received and thank you very much.

CHAIRPERSON: Thank you Dr Ramashala.  Can I call the MASA delegation to the table.  And whilst they are doing that can I say that after yesterday's experiences we are going to be fairly strict today.  I know everybody in the audience does not have the respective submissions being made.  So I'm asking the delegations to cover the important points in your documents.  Time limits have been set down on the timetable and I'm going to actually be fairly strict on keeping people to those times today for several reasons.  I certainly don't think I want to actually have a situation like yesterday where we're going well beyond our time.
 Secondly, many of you have come here today to participate in the workshop at the end of the hearings and I'm sure many of you want to get back to your respective homes. So in order to give that meeting the respect it deserves, we need to finish all the proceedings at the right time.  
 So please don't be affronted if I intervene when my colleagues and panel are leading you but I don't think we're going to get through the timetable unless we do that today.  Thank you very much.
MASA  SUBMISSION
 Dr Barker, I welcome you and your delegation.  Perhaps you can introduce all of them to us before you stand to take the oath.

EDWARD BARKER: Thank you Chairperson, Dr Bernard Mandell is in fact the chairman of the Medical Association and we're prepared to be (speaker's microphone is not on) and on my left is Dr Hendrik Hanekom who is Secretary General and to his left, Dr Dan Ncayiyana who is the editor of the South African Medical Journal, who clearly is very closely, the journal itself, is very closely associated with the activities of the Association throughout all the years, and I think Bernard is going to start the proceedings with a brief introduction and then I'll take on as far as the submission is concerned.

CHAIRPERSON: Is there a possibility that the others may speak as well just in terms of taking...(intervention)

EDWARD BARKER: They are here just in case there are questions which are posed to us by the Commissioners which they are perhaps in a better position to answer.  They are not making submissions themselves, they are here in case of questions.

CHAIRPERSON: Sir can I ask all of you then to stand I will assist you in taking the oath.  Glenda will you do that?

MAPULE RAMASHALA: Could I ask you please state your names for the record before I administer the oath.  We'll start with Dr Mandell.

UNKNOWN: (sworn states)

EDWARD BARKER: (sworn states)

HENDRIK ANDRIES HANEKOM: (sworn states)

DANIEL NCAYIYANA: (sworn states)

CHAIRPERSON: Thank you, Dr Mandell, you may start.