the consent form. She confirmed that she signed both consent forms at the
same time. She testified that she knew what a caesarean section was but that
she did not know what BTL meant, and that none of the contents on the form
was read to her. She was only told to sign. She testified that the nurse was in a
hurry and she herself did not read the contents of this form. She did not know
or understood that she was sterilised but only became aware of it six weeks
after the operation when she came for a check-up. She testified that when the
doctor told her she was going to be sterilised she knew the meaning of the word
because she had read about it but that it was not explained by either the
doctor or the nurse. She testified that she was made to understand that there
is a policy in place that women who are HIV positive should be sterilised. No
basis was provided for this understanding.
[41] Quincy Gurirab a medical practitioner graduated at the end of the year
2006 from the University of Pretoria and started working for the Ministry of
Health and Social Services in January 2007. He did not have an independent
recollection of who the patient was and relied on his notes made in the
antenatal care passport. He saw the patient on 6 December 2007. He recorded
certain information and that the patient was booked for elective caesarean
section due to a breach presentation and this was also recorded. He testified
that he would have explained to her what caesarean section was, the
advantage, and disadvantages, and would have made sure that she understood
it. He would have explained to her that sterilisation is a surgical procedure
with its own inherent risks with regard to anaesthesia and the procedure itself.
This explanation is however not reflected in the antenatal care record. During
cross-examination he conceded that there was no inscription in the passport
that alternatives to sterilisation had been explained to the patient. He testified
that since he did not note BTL in the passport 22 he was of the view that he
did not mention it to the patient. He testified that it was unlikely that he would
have raised the issue of a sterilisation with the patient.
[42] Even Maria Ndjala is registered nurse who qualified as a midwife in the
year 1986. She testified that she prepared the second plaintiff for her operation
and also obtained her signature on the two consent forms. She testified that
she would have explained to the plaintiff that she was going to be sterilised and
would be unable to have any children in the future and that it was irreversible.
She would have asked the plaintiff whether she understood and once she had
agreed she would have given her the forms to complete after she had given an
explanation to her. She testified that plaintiff wrote her name on the forms and
signed the forms. Her response to a question why she has given the
explanation whilst the plaintiff was in labour, was that labour is not
continuous and that she would have explained during the intervals when there
were no contractions and would stop when the patient was having a
contraction.