pregnancies. These reasons according to Dr Sichimwa were provided to the
plaintiff which he covered within a period of ten minutes with the aid of an
interpreter. He admitted that informed consent is an ongoing process of which
an important aspect is to inform the patient that she may withhold consent. He
however could not recall whether he informed the plaintiff that she may
withhold her consent to the sterilisation procedure. Dr Sichimwa agreed that in
terms of Ministerial policy unhurried and skilled counselling is an essential
prerequisite to any sterilisation procedure. Dr Sichimwa agreed during crossexamination that the decision that the plaintiff undergoes a caesarean section
was a “sudden decision”. It was also agreed that the decision that the plaintiff
should undergo a caesarean section was a collective decision taken by himself,
the consultant Dr Krönke and Dr Fong. It was put to Dr Sichimwa that 30 the
caesarean section might have been offered to the plaintiff but that it was the
decision of the medical professionals what should happen to the plaintiff. He
responded that the plaintiff was part of the decision making process.
[62] Tshali Iithete a medical doctor and a medical superintendent of the
Ongwediva Medical Park in Ongwediva in northern Namibia testified that he
qualified as a medical doctor in the year 200 from the University of Natal,
Durban, in South-Africa. He is Oshiwambo speaking. During the year 2005 he
was employed by the Ministry of Health and Social Services as a medical officer
at Windhoek Central Hospital as well as Katutura State Hospital. He testified in
respect of a referral letter written by him on 10 March 2005 regarding the third
plaintiff. The letter was addressed to his colleagues and stated inter alia the
following:
“I have discussed at length with both patient and partner about current
legislation (Namibia) on termination of pregnancy and suggested PMTCT (which
stands for prevention of mother to child transmission) and possible elective
hysterectomy; also discussed for them to practice barrier method contraceptive
as husband still negative. Could you please kindly assist whether T.O.P
(termination of pregnancy) on medical grounds is an option at all and …
regards Dr T Iithete.”
He recalled the case because plaintiff was one of the first patients with HIV
requesting termination of pregnancy on medical grounds. He testified that he
spoke to the plaintiff in Oshiwambo. He testified that what appears in the
referral letter was discussed with the plaintiff. He stated that he referred the
patient to the department of gynaecology to be seen by the health officials there
on 30 March 2005. The plaintiff was booked for this date. He testified that the
plaintiff did not express anything about feeling unwell. He testified that the
plaintiff came there with her partner related her past experience and requested
a termination of pregnancy based on her past “pregnancy experiences” and the
previous loss of a baby due to HIV, and that the plaintiff did not necessarily
request the termination of pregnancy on the basis of her medical condition. Dr
Iithete testified 31 that both the plaintiff and her partner spoke to her. Dr