Sat May 23 09:13:54 SAST 2015

'You killed my hubby' - Widow sues government

Jun 11, 2012 | KHETHIWE CHELEMU |

BUSINESSWOMAN and widow of former ANC activist and member of the provincial legislature Stanley Nkosi, Daphne Mashile-Nkosi, is a livid millionaire.

Mashile-Nkosi, who is the chairperson of Kalahari Resources and founder of Temoso Technologies, among a string of corporate directorships, has slapped the Gauteng government with a multi-million rand lawsuit for Stanley's death.

Mashile-Nkosi is demanding more than R145m from the government in an unprecedented civil case following Stanley's death while in the care of Charlotte Maxeke Academic Hospital (previously Johannesburg Hospital) in 2008.

The fuming widow claims her husband's death was a result of negligence following a "botched throat operation".

In papers filed in the South Gauteng High Court, Mashile-Nkosi demands payment of damages from, among others, Gauteng premier Nomvula Moko-nyane, Gauteng MEC for Health Ntombi Mekgwe, Charlotte Maxeke Academic Hospital CEO Barney Selebano, health minister Aaron Motsoaledi, safety and security minister Nathi Mthethwa, and specialists Professor Mkhululi Lukhele and Dr Thubelihle Ngubane.

In court papers she blames the respondents for her man's death, saying the police failed to investigate and submit a report in time for the prosecutors to conduct an inquest into his death.

She also states the hospital failed to acknowledge her complaint or to conduct an inquiry into her husband's death.

She wants Selebano to produce statistics showing the number of deaths of patients at the Joburg hospital and the number of investigations he has conducted in respect of these deaths since July 2008.

Mashile-Nkosi says the ANC stalwart's death robbed her of a supporting spouse, causing her tremendous stress and emotional shock.

She further states his death has robbed her three children of a supportive and loving father. He earned a salary of more than R2,9m a month as a businessman.

She states that her husband was rushed to hospital on July 21 and underwent a neck operation to relieve him of neck and back pain.

After the op he was taken to a recovery room but later died.

This week, Judge Seun Moshidi gave Mokonyane, Mekgwe, Selebano and Motsoaledi five days to hand all relevant documents and tape recordings to Ngubane.

The court also ruled that all written statements by hospital staff, including nurses in whose care the deceased was placed, be made available.

He also ruled that nursing protocol for post-operative patients and other patients in the high care ward of the hospital during July 2008 be made available.

In a responding affidavit written by Mokonyane, Mekgwe, Selebano, Mthethwa and Motsoaledi, they jointly deny Mashile-Nkosi's claims that nursing staff at the high care unit breached their duty to care for Nkosi.

They say nursing staff regularly monitored and observed his condition while he was in their care, that they timeously detected that he was developing breathing complications and ensured that he received the necessary treatment.

Lukhele and Ngubane also filed responses, disputing Mashile-Nkosi's allegations that her husband died due to negligence on their part.

Mokonyane, Selebano, Motsoaledi and Mekgwe were jointly ordered to pay the costs of this application.

chelemuk@sundayworld.co.za

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