sterilisation can be done at any time and asked why should the plaintiff be sent away just to be operated on for a second time. It must, in the light of this response be accepted that plaintiff was not advised to return after six weeks. If this was indeed normal procedure nurse Angula would have said so. Second Plaintiff [40] The second plaintiff gave birth by way of a caesarean section on 9 December 2007 at Katutura State Hospital, Windhoek. At the same time a sterilisation procedure was performed on her. She completed Grade 12 in Ondangwa and is able to read, speak 20 and understand the English language. She has three children aged 17 years, 9 years and 3 years respectively. She was diagnosed HIV positive in 2007 when she fell pregnant. She testified that the counselling that she received was given by volunteers at the Red Cross, but none from the nurses. The counselling related to pregnant women knowing their HIV status and the importance of the unborn baby be protected against the virus. She testified that no further counselling was done but she continued to attend the antenatal care clinic – only to check the progress of the pregnancy. She testified that on 6 December 2007 she went to an antenatal care session and that the nurse who examined her found that the head of the baby had not turned downwards and referred her to a doctor. The doctor confirmed that the foetus was in a breach position. It appears that the doctor who examined her was Dr Gurirab. The doctor advised her that she gives birth by way of caesarean section because she had given birth to her second child through a caesarean section and because of her HIV positive status. The doctor also informed her that she would be sterilised and that she should agree to that. She was informed that she would not be able to give birth in future. The doctor did not ask her whether she wanted more children or whether she wanted to consult with family members or friends. She did not receive any counselling about sterilisation and was not informed of the advantages and disadvantages of sterilisation. She testified that she was not asked whether she wanted to be sterilised and was told by the doctor that she was going to be sterilised whether she wanted it or not. The manner in which the doctor spoke made her afraid since he spoke in a “forceful manner”. She testified that although she did not want to be sterilised she did not ask questions because she was informed that if she did not agree to the sterilisation he would not book her for the caesarean section. On 8 December 2007 plaintiff started having contractions. Between 19h00 and 20h00 these contractions became severe and she asked her boyfriend to take her to hospital. She was admitted about 23h00. She was in severe pain. She was laid on a bed. Nurses came to observe her and later a nurse came to her with papers or documents and with an intravenous drip. When she enquired about the purpose of the document the nurse 21 informed her that the doctor had already explained it to her and that she only had to sign. The nurse hurried her to sign the documents. In respect of the second consent form, plaintiff denied that she wrote her name on