The family of a Durban man whose mouth was infested with maggots shortly before he died in RK Khan Hospital is suing the KwaZulu-Natal Department of Health for negligence, seeking R11m.

On Friday, TimesLive reported the family of Sadek Ebrahim, who died last year, had filed a claim in the KwaZulu-Natal High Court against RK Khan Hospital in Chatsworth and Health MEC Nomagugu Simelane-Zulu for R11m.

The website said the family accused departmental officials of acting negligently and recklessly in treating Ebrahim.

READ| Maggots in mouth: RK Khan Hospital CEO ‘redeployed’

The claim is for general damages, emotional trauma as well as pain and suffering.

His son, Azaad, was claiming R7.5m while his wife, Edith Rajaruthinam, was demanding R3.5m, TimesLive reported.

News24 previously reported Azaad had vowed not to rest until the hospital’s staff paid for neglecting his father.

Ebrahim was admitted to hospital after suffering a stroke and was found with maggots in his mouth shortly before his death.

A video of the creatures in his mouth then emerged, showing the visibly unwell man’s upper lip infested with maggots.

Speaking to News24 shortly after his father’s funeral in 2019, a distraught Azaad said he would do all in his power to ensure others did not suffer like his father.

“I do not want others to go through what I have. I took such good care of my father but the treatment we received at the hospital and the unprofessionalism of the staff is horrendous. That cannot go on.”

READ MORE| Family left fuming as maggots found in mouth of Durban hospital patient

Azaad said his father’s troubles started shortly after he was admitted to hospital on 19 June 2019.

“My mother came home from work to find his leg had turned completely black and had become like jelly. He had previously been to the hospital for sores, but we were told to it was not bad, and given antibiotics and sent home.”

During admission, Ebrahim said nurses were degrading his family because of the strong smell coming from his father.

“The doctor was excellent, but the nurses were so unprofessional, spraying perfume all over, but not engaging with us.”

He said it was decided his father would be operated on as soon as possible. However, days later, no surgery had taken place.

Just five days after being admitted to hospital, Azaad discovered his dad’s lip was infected with maggots.

“Maggots were crawling and so active and moving. I lost my mind. I screamed. I couldn’t believe that no one had attended to him. The first thing anyone does in the morning is brush their teeth. They couldn’t even do that. Not even a guard came into the room. They just isolated my dad in the room because of the smell.”

– Compiled by Alex Mitchley 

Parliament has been engaging with Public Protector Busisiwe Mkhwebane’s lawyers over the legislature’s proceedings to consider removing her, National Assembly Speaker Thandi Modise has said.

“They are serving us with papers,” Modise said when asked about the proceedings to remove Mkhwebane in terms of Section 194 of the Constitution at a press briefing ahead of next week’s State of the Nation Address.

Modise said she does not have a problem with the Public Protector’s move. “We are a democracy.”

READ | Thandi Modise stands firm on new rules which could unseat Mkhwebane

Last month, Modise announced she had approved the DA’s motion to institute removal proceedings against Mkhwebane.

This after DA chief whip Natasha Mazzone lodged a substantive motion to that effect with Modise’s office in December.

The DA’s motion was lodged three days after the National Assembly approved the rules for the removal of the head of a Chapter 9 institution like the Public Protector.

Last week, Mkwhebane said the rules for the removal of the head of a Chapter 9 institution was unlawful and unconstitutional. In a statement, Modise stood by the rules and process followed.

The ANC had its first caucus meeting of the year on Thursday morning, with deputy secretary-general Jessie Duarte in attendance.

Duarte said: “The clarity on the matter is that right now there is a process in place. But the ANC has not discussed either way where we stand, so we can’t give you a direct answer as the organisation.

“What will happen is that once the process is at the point where Parliament will have to make a decision then the chief whip and caucus will discuss and give guidance on what to do. So right now, there is no decision.

“What there is, is a process in place.”

Home Affairs Minister Aaron Motsoaledi, ANC chief whip Pemmy Majodina and ANC deputy secretary-general Jessie Duarte singing and dancing before the ANC’s first caucus meeting for the year on Thursday. (Jan Gerber, News24)

When Modise announced she had approved the DA’s motion, she gave the parties represented in the National Assembly until Friday to nominate candidates for an independent panel of three who would assess whether there was a case to be made for Mkhwebane’s removal.

ANC chief whip Pemmy Majodina said the ANC would submit its proposed candidates for the panel on Friday.  

Meanwhile, the ATM said in a statement that it too was served with Mkhwebane’s urgent application papers against the removal process, and that it had written to Modise to ask her to postpone the process.

“We have forwarded the papers to our attorneys with instructions to support the application which calls for the speaker to suspend the process until the constitutionality of the rules has been confirmed by the court,” read the ATM’s statement.

“We hold a view that the speaker has a duty to be seen to be neutral and independent. She should not oppose the application but should welcome the opportunity for the court to give much-needed clarity because this process is new in South Africa and is unprecedented.”

‘Nothing but a cut and paste job’

Despite one of its two members, Thandiswa Marawu, having served on the sub-committee which drafted the rules, the party said it was “particularly shocked to learn from the court papers that the new rules are nothing but a cut and paste job from the rules for the removal of the president in spite of the differences between sections 89 and 194 of the Constitution”.

While the rules bear a strong resemblance to that for the removal of a president, the committee drafted the rules afresh.

Last week, after ANC MP Bongani Bongo’s appearance in court on corruption charges, fellow MP Supra Mahumapelo said the party would never support the DA’s motion to remove Mkwhebane.

After the caucus meeting, Duarte said this was raised at the meeting.

“We have distanced ourselves from his remarks and we made it clear he was speaking on his own behalf,” she added.

A misunderstanding about impact statements from victims has thrown a spanner in the works in former crime intelligence boss Richard Mdluli’s kidnapping case, leading to another postponement – this time for a month.

On Wednesday morning, the defence brought to the attention of the Gauteng High Court in Johannesburg that the social worker who will testify in the sentencing proceedings had allegedly been instructed, by the State, “not to worry about consulting with the victims”.

The State disputed these claims.

Following a lengthy back and forth between the State and the defence, the matter was subsequently postponed to grant social worker Portia Dibishi time to conduct a comprehensive pre-sentence report that includes victim statements.

As a result, Mdluli and his co-accused are due back in court on March 11.

This is yet another postponement in the case which has been ongoing for years.

READ: Sentencing of Richard Mdluli for kidnapping, assault postponed for 6 weeks

In July last year, Mdluli and his co-accused, Mthembeni Mthunzi, were found guilty on charges relating to the 1999 kidnapping and assault of Oupa Ramogibe.

Ramogibe was married to Mdluli’s former lover, Tshidi Buthelezi. Mdluli had paid lobola for her, News24 previously reported.

Judge Ratha Mokgoatlheng found Mdluli guilty on four counts of intimidation, two of kidnapping, two of common assault and two of assault with intent to do grievous bodily harm.

Mthunzi was found guilty on two counts of kidnapping, two of common assault and two of assault with intent to do grievous bodily harm.

Mdluli had a long-term relationship with Buthelezi, dating back to his school days. During her relationship with him, she met Ramogibe and they began a relationship which led to marriage on July 22, 1998.

Between 1997 and 1999, Mdluli allegedly went to extreme lengths to track down Buthelezi and Ramogibe.

Mdluli and Mthunzi kidnapped and assaulted Ramogibe.

He was shot dead in 1999 and no one was convicted for his murder.