Despite being awarded a R19-million payout, a young Eastern Cape mother whose son suffered brain damage during birth in 2009 is today squatting in a shack in a street overrun with taverns, drugs and prostitution.
The Mthatha High Court in December 2014 ordered that the Eastern Cape department of health pay R19.3-million to Aviwe Hlathi and her son Okuhle (not their real names to protect their identities) for injuries sustained during birth.
However, she receives just R7000 a month from a trust set up when the money was paid out.
The trust also pays Okuhle’s school fees.
Okuhle, now seven, was born with cerebral palsy after delays in delivery at the St Elizabeth Hospital in Lusikisiki in October 2009.
The department complied with the court order and the R19.3-million was paid into a trust account of controversial attorney Milile Martin Mpambaniso in April 2015.
Mpambaniso was convicted on 28 counts of fraud last year.
The Cape Law Society wants the Komani lawyer’s name struck from the roll of attorneys for what it terms his dishonest and deplorable behaviour.
Mpambaniso is fighting the matter in the Grahamstown High Court.
Mpambaniso has, in the last two years, successfully sued the department for about R107.4-million in medical negligence claims.
The Daily Dispatch recently visited some of his clients and found them living in conditions not befitting their payout.
While the money was meant to change their lives and assist with Okuhle’s medical care and future needs, the Hlathi family today lives in a rough East London street which is subject to constant police raids.
Originally from a village in Lusikisiki, they arrived in the city in 2015 to enrol Okuhle at a special needs school in Belgravia.
The boy cannot dress himself, speak or walk and does not have a wheelchair either.
He spends the week at school.
Hlathi collects him every Friday after school for the weekend and then takes him back on Monday morning.
They share a room in a communal shack in an area of Southernwood which East London police said was not an environment conducive to children.
Their room is furnished with a double bed, wardrobe and a kitchen unit with two-plate stove. There is no television or even a radio. Okuhle has just one toy in the shack – a plastic fire truck.
They share a toilet and bathroom with other tenants in the yard.
Contacted for comment, Mpambaniso said the money, excluding his 25% charge, had been deposited into a trust fund set up for Okuhle in relation to a court order dated December 2014.
The order found the department was liable for damages suffered by Okuhle during the birthing process.
“After its establishment, the trust took over all financial affairs of the trust including determining monthly payments to (Hlathi),” Mpambaniso said.
“All monthly payments she is currently receiving are probably from the trust.”
Hlathi said: “I use the R7000 to pay rent, buy food and other general expenses. If I run short throughout the month I call my lawyer for more money and they give me.”
According to the guidelines stipulated by the Association for Savings and Investment South Africa (Asisa) a R14-million investment at a 10% return a year would generate roughly R116000 a month.
The same investment at a 2.5% return a year would yield an income of R29000 a month.
MEDICINE WITHOUT CARE: Generous payout not benefiting family
The Mthatha High Court in December 2014 ordered that the Eastern Cape department of health pay R19.3-million to Aviwe Hlathi and her son Okuhle (not their real names to protect their identities) for injuries sustained during birth.
However, she receives just R7000 a month from a trust set up when the money was paid out.
The trust also pays Okuhle’s school fees.
Okuhle, now seven, was born with cerebral palsy after delays in delivery at the St Elizabeth Hospital in Lusikisiki in October 2009.
The department complied with the court order and the R19.3-million was paid into a trust account of controversial attorney Milile Martin Mpambaniso in April 2015.
Mpambaniso was convicted on 28 counts of fraud last year.
The Cape Law Society wants the Komani lawyer’s name struck from the roll of attorneys for what it terms his dishonest and deplorable behaviour.
Mpambaniso is fighting the matter in the Grahamstown High Court.
Mpambaniso has, in the last two years, successfully sued the department for about R107.4-million in medical negligence claims.
The Daily Dispatch recently visited some of his clients and found them living in conditions not befitting their payout.
While the money was meant to change their lives and assist with Okuhle’s medical care and future needs, the Hlathi family today lives in a rough East London street which is subject to constant police raids.
Originally from a village in Lusikisiki, they arrived in the city in 2015 to enrol Okuhle at a special needs school in Belgravia.
The boy cannot dress himself, speak or walk and does not have a wheelchair either.
He spends the week at school.
Hlathi collects him every Friday after school for the weekend and then takes him back on Monday morning.
They share a room in a communal shack in an area of Southernwood which East London police said was not an environment conducive to children.
Their room is furnished with a double bed, wardrobe and a kitchen unit with two-plate stove. There is no television or even a radio. Okuhle has just one toy in the shack – a plastic fire truck.
They share a toilet and bathroom with other tenants in the yard.
Contacted for comment, Mpambaniso said the money, excluding his 25% charge, had been deposited into a trust fund set up for Okuhle in relation to a court order dated December 2014.
The order found the department was liable for damages suffered by Okuhle during the birthing process.
“After its establishment, the trust took over all financial affairs of the trust including determining monthly payments to (Hlathi),” Mpambaniso said.
“All monthly payments she is currently receiving are probably from the trust.”
Hlathi said: “I use the R7000 to pay rent, buy food and other general expenses. If I run short throughout the month I call my lawyer for more money and they give me.”
According to the guidelines stipulated by the Association for Savings and Investment South Africa (Asisa) a R14-million investment at a 10% return a year would generate roughly R116000 a month.
The same investment at a 2.5% return a year would yield an income of R29000 a month.
Would you like to comment on this article?
Register (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Trending Now
Latest Videos