SIBONGILE’S CASE

Voice Over

1) Ka Nyamazane Township ,Mpumalanga

Sibongile Mduli is on her way to her family doctor. She and her baby Tinashe are here to get the results of their latest HIV tests. On the outcome of these tests rests a R700,000 claim for damages against the provincial health department. It’s a landmark case… which could determine whether pregnant women who are HIV+ get access to anti-retroviral drugs in the future.

2) Sibongile is 19 years old. She lives with her mother, Veronica and her seven-month-old baby Tinashe in Ka Nyamanzane Township. They were once well off. Now they rely on Sibongile’s brothers and sisters to support them.

3) Sibongile is now involved in a relationship with Ntlantla. He knows about her status…. And he’s HIV+ as well.

4) After Tinashe was born – five years after she was raped- Sibongile finally had her day in court to face her rapists. They were acquitted.

5) GRIP is a rape crisis NGO. It operates care rooms in local hospitals…. where rape survivors are counseled and examined. It also provides anti-retroviral drugs to prevent HIV infection. GRIP did not exist when Sibongile was raped. It was after the rape trial that they first counseled her.

6) Grip put Sibongile in touch with their lawyer… Richard Spoor. He’s a human rights lawyer… and suggested that Sibongile sue the MEC for Health in Mpumalanga… for failing to prevent Tinashe’s infection.

7) On the 18th of October this year, Sibongile announced her intention to sue the MEC for health, Sibongile Manana. On behalf of baby Tinashe, she was claiming R700, 000 damages. The case against the MEC argued that nothing was done, nor any advice given by health workers, to prevent Tinashe’s infection with HIV.

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8) The rape crisis NGO GRIP is also embroiled in legal battles with the Department of Health. In October last year the NGO was served with an eviction notice to vacate its care rooms at state hospitals.

Doctors who support Grip and the provision of anti-retroviral drugs have been charged with “gross misconduct”. Last month the superintendent of Rob Ferreria hospital was suspended. Grip is fighting the eviction process in court and for now continues to supply anti-retrovirals to rape survivors… defying a ban imposed by the MEC.

9) David Patient is a well-known Aids activist who lives in Nelspruit.

10) Sibongile Manana, the MEC for health, refused to respond to the many allegations about her. We were told that the Department would not comment on its battles with Grip… or on Sibongile’s case. Both matters were sub-judicae. We were refused permission to film at state medical facilities in the province for the same reason. Eventually we were granted an interview with the MEC’s spokesman and the head of the provincial AIDS programme.

11) Sibongile now works as a field worker for GRIP. This involves walking long distances to find rape survivors who often do not have telephones. Once she finds them she must counsel and test them for HIV. This can only take place three months after they were raped and given the anti-retorviral tsrater packs to prevent HIV infection.

Upsound: Sibongile says hello at door, goes inside.

GRIP generally (?) uses the quick finger prick test… which tests for antibodies to the HI Virus. Although convenient, it’s not 100% reliable. It was this test that was first (?) used on Baby Tinashe.

After announcing the damages claim against the MEC, Richard Spoor sent Sibongile and Tinashe to a virologist for a second test… the PCR test. This test looks for the presence of the virus itself.

With the damages case hanging in the balance, the results of the test were faxed to Dr. Mageran, her family doctor. Accompanied by Special Assignment, Sibongile took Tinashe to get the outcome of the latest test results.

12) Shongwe hospital is one of 18 pilot sites in South Africa. Here pregnant women are counseled about HIV and encouraged to undergo voluntary testing. If they’re infected with HIV, they can choose to take the anti-retroviral drug Nevirapine. International studies have shown that it successfully reduces Mother to Child Transmission of HIV by half.

13) Finally, after months of uncertainty, the entire family celebrated the good news with a party for Tinashe.