By Staff Reporter
Copyright web
Staff Reporter
A NAMIBIAN woman, Martha Theron (real name withheld), is suing the Ministry of Health and Social Services, claiming N$3 million in damages for breaching their legal duty of care towards her 18-year-old son, who was allegedly raped and assaulted while unconscious at Katutura Intermediate Hospital.
In the particulars of claim, Theron* stated that her son passed away on 4 January 2024 and had been admitted to Katutura State Hospital from April 2021 to August 2021 for specialised medical care after sustaining serious injuries in a motor vehicle accident.
“On or about 11 April 2021 at Windhoek, the deceased was a patient admitted at Katutura Intermediate Hospital, and whilst being unconscious and in a vegetative state, was physically and sexually assaulted and violated by an unknown person(s). Occasioned by the aforesaid physical and sexual assault and violence perpetrated on the deceased, a certain Dennis lipumbu Noa (Medical Intern) at Katutura Intermediate Hospital was suspected, arrested and prosecuted in the Windhoek Regional Court and the High Court of Namibia respectively,” Profysen Muluti, Theron’s legal representative, said.
Muluti added that, on 28 March 2024, the said medical intern was convicted by the Regional Court magistrate of rape. The said conviction was set aside by the High Court of Namibia on 8 November 2024, following the appeal lodged by the medical intern.
“Occasioned by the prosecution of the medical intern, and the unconscious and vegetative state of the Deceased (the Plaintiff’s son), the Plaintiff was unable to institute civil proceedings against the Defendants. This decision was informed by practical considerations and prudence. After the deceased’s death and the finalisation of the prosecution of the medical intern, it became practical for the Plaintiff to commence legal proceedings against the Defendants,” Muluti said.
The lawyer claimed that the employees of the Ministry of Health who were on duty at Katutura Intermediate Hospital on 11 April 2021, and assigned to the care and management of the deceased’s medical condition and treatment, breached their legal duty to the deceased as the 18-year-old was physically and sexually assaulted whilst being unconscious and under the care and custody of the ministry.
“As a result of the aforesaid breach of legal duty, the Plaintiff has suffered and continues to suffer emotional, psychological and physical pain. The said pain may require psychological, psychiatric and medical counselling and treatment for the rest of the Plaintiff’s life. By reason of the premises, the Defendants are liable to the Plaintiff for damages in the sum of N$3,000,000.00,” Muluti said.
Photo for illustrative purposes only.
