A nurse who was assaulted while on duty has lost his R10 million damages claim against the Minister of Health after submitting the claim eight years after the incident

The incident occurred in 2014 at the Thulamahashe Community Health Centre in Mpumalanga, where Madala John Mafuyeka was working.

A man brought his relative to the clinic in dire need of medical assistance, but she arrived already struggling to breathe due to pre-existing health conditions. Despite Mafuyeka’s best efforts to resuscitate her, she ultimately died.

The attack by the bereaved family member was rooted in accusations that Mafuyeka was responsible for the patient’s death, leading to a physical confrontation that required intervention from security personnel.

Following the incident, Mafuyeka made a claim against his attacker but was unsuccessful as the man was unemployed.

After much delay in January 2022, he sought justice at the Mpumalanga High Court, claiming that the provincial health authorities, as his employer, had neglected their duty to provide a safe working environment. In his court filings, he detailed extensive emotional distress, pain and suffering, and anticipated future medical expenses stemming from the incident.

However, the court ruled against Mafuyeka on two crucial legal grounds. Firstly, the Minister of Health and the Mpumalanga MEC for Health submitted special pleas, asserting that his claim was barred by the Compensation for Occupational Injuries and Diseases Act (COIDA), which mandates that workplace-related claims be lodged within a three-year timeframe from the date of the incident.

During the court proceedings, Mafuyeka’s legal counsel contended that COIDA was not applicable in this situation, as the injury was not directly related to his professional duties. The crux of the legal argument hinged on whether the attack could be classified as arising from, and in the course of, his employment.

Deputy Judge President Takalani Ratshibvuma noted that while the incident did occur during working hours, the attack did not present a risk associated with Mafuyeka’s responsibilities as a nurse. 

“The assault on the plaintiff was not a risk factor to his job as a nurse or medical caregiver. The attack was not incidental to his duties. On this basis, this special plea stands to be dismissed,” he said.

Moreover, Judge Ratshibvuma said that Mafuyeka’s argument that he had to wait until the completion of the criminal trial had no bearing on the claim or its prescription, as the claim is not against the National Prosecution Authority, which was unrelated to the civil action he sought.

“The replication is vague as to when the claim against this man was instituted and/or completed. It is unclear whether these years refer to the completion of a criminal trial or to the date of its completion. What is clear, though, is that he was aware of a delictual claim arising from that incident,” said the judge.

sinenhlanhla.masilela@iol.co.za

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