Asylum seeker loses case for medical care
An urgent application brought by Ethiopian asylum seeker Alem Bazabe Ereselo, who wanted to force a Johannesburg hospital to give her medical care, has been dismissed.
The Gauteng High Court (Johannesburg) ruled in favour of the Helen Joseph Hospital after Ereselo wanted to be kept on chronic haemodialysis treatment after her kidneys failed.
A SowetanLIVE report says Judge Motsamai Makume dismissed the urgent application brought by Ereselo, who had her treatment discontinued by the hospital this year.
Makume, in a 14-page judgment, ruled that Ereselo was not entitled to the relief she sought and the hospital was entitled to refuse providing further treatment to her.
The judge relied, among others, on evidence presented by the hospital’s Dr Malcolm Davies, in which he laid bare the chronic shortage of dialysis slots and the hospital's inability to take new patients.
Makume quoted Davies' evidence which indicated that Ereselo was put on temporary haemodialysis in ‘an effort to stabilise her condition and for her family to make proper arrangement to have her moved to another facility’.
Davies indicated that Ereselo and her brother were given a letter to take to the Ethiopian embassy with the view to assist her with repatriation to Ethiopia.
‘The applicant was never refused emergency treatment; this is common cause and can never be disputed. Her condition was stabilised and steps were taken to assist her with expedited repatriation to Ethiopia so that when she arrives there she can receive permanent treatment,’ Makume wrote in his judgment.
The judgment did not make an order on costs.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.





