examination that it was the decision of the doctor as to what was going to
happen to this patient. She further testified that the doctor should also sign
the consent form to sterilisation. She testified that when the plaintiff was
admitted she assumed, based on the notes contained on the front page of the
ante-natal case record, that the plaintiff had already agreed to a sterilisation
and that she did not have to discuss this issue with the plaintiff since it was
indicated on the ante-natal case record that the plaintiff had accepted to be
sterilised. She testified that it must have been 27 Dr. Sichimwa who explained
the sterilisation procedure since he signed the declaration at the bottom of the
consent form for sterilisation.
[57] The notes in the maternity record do not explain which doctor explained
the sterilisation procedure to plaintiff or what was explained to her. Nurse
Tjimbundu testified during cross examination that family planning provided at
group sessions at ante-natal classes would not constitute counseling in any
proper sense and individual counseling is still required. She testified that
during these sessions the patients are only shown the different methods which
are available and if a patient indicates during an ante-natal care class that she
wants a sterilisation, she would be referred to a doctor for proper counseling.
This she confirmed during re-examination.
[58] Godfrey Sichimwa qualified in the year 2004 from St Georges University in
the West Indies as medical practitioner and thereafter pursued post graduate
studies at the University of Witwatersrand in 2009 with the aim of becoming a
specialist obstetrician and gynaecologist. During August 2005 he took up the
post of medical officer within the Ministry of Health and Social Services at
Katutura State Hospital. On 13 October 2005, he was on duty as medical
officer. From inscriptions in the maternity record it appears according to his
testimony that the plaintiff had a planned operation for a caesarean section
and bilateral tubal ligation but somehow did not turn up to be given a date for
the operation. She was in early labour and the plan was to allow labour to
progress and for a bilateral tubal ligation to be done at a later stage.
[59] On 13 October 2005 at 08h35 when ward rounds were done by Dr.
Krönke, he was present. He testified that due to the prolonged first stage of
labour a caesarean section would have been offered to the plaintiff and that in
view to her age, the number of children she had, and her retroviral status, a
bilateral tubal ligation would have been offered again since it had already been
offered in terms of the health records of the 28 plaintiff. He testified how he
would have explained a caesarean section and a sterilisation procedure to a
patient, the risks involved, the nature of the operations, how the procedures
are done and that sterilisation is one of the most effective contraceptives
available. These would have been explained in layman’s terms and in a
language which the plaintiff understands.