nurse told her in Oshiwambo to write her name (“shanga”) and repeated in
Afrikaans “skryf, skryf”. The plaintiff testified that she put her name on the
piece of paper whereafter she was told to get onto a stretcher and was wheeled
into a white room with big lamps. She testified she did not understand
anything contained in the documents. She confirmed that she wrote her name
on the two consent forms and that she signed one but because the writing on
the second form (consent form for sterilisation) was faint she did not
acknowledge that it was her signature but did not exclude the possibility that
she signed it. She testified that she contemplated normal delivery because she
gave birth to her other children naturally. At some stage after the operation she
overheard two nurses speaking in Oshiwambo that she had been closed.
[53] Erica Kamberipa Tjimbundu a registered nurse qualified as a midwife
during the year 2004 and started working at Katutura State Hospital, the next
year. She admitted the plaintiff to hospital and recorded certain information.
The plaintiff complained of severe backache. She was not sure which language
was used but thought that they communicated in Oshiwambo. She made an
inscription “patient prepared for caesarean section and BTL, consent signed by
patient herself after the doctor explained the operation to her and she signed”.
She explained that the consent for sterilisation form is explained to the patient
by the doctor and the doctor and patient would sign the form. The standard
procedure is that if a patient does not understand a certain language an 26
interpreter would be used. She testified how antenatal care is provided at the
State Hospital and that it is done in different languages.
[54] She testified that the next set of inscriptions made in the maternity record
were made by a doctor. The plan was to allow the labour to progress and keep
the membranes intact for sterilisation at a later stage. It appears from
subsequent evidence by Dr. Sichimwa and Dr Kronke that the doctor who
made these inscriptions was Dr Fong who was on duty during that evening. He
was not called to testify.
[55] Nurse Tjimbundu testified that inscriptions made on 13 October 2005 at
08h35 were made during a ward round with the consultant who was Dr.
Kronke. It appears from the notes that she was diagnosed as being in
prolonged first stage of labour and the plan decided by the doctor was for her
to undergo a caesarean section due to the prolonged first stage and
sterilisation. Dr Sichimwa testified that Dr. Fong made these inscriptions and
also confirmed that it was decided by the doctors that she must have a
caesarean section and a sterilisation.
[56] Nurse Tjimbundu testified with reference to the consent form for
sterilisation that her experience was that the standard procedure was that the
doctors are the ones taking decisions. The procedures would first be explained
to the patient before she signs for the operation. She confirmed during cross