Eight Years Too Late: Court Throws Out Nurse’s R10 Million Claim After Clinic Attack

Eight Years Changed Everything

For many nurses working in South Africa’s overstretched public health system, violence is an unspoken fear that comes with the job. But for Mpumalanga nurse Madala Mafuyeka, that reality turned into a life-altering court battle that ended this week with a painful legal lesson: wait too long, and justice may never come.

The Mpumalanga High Court in Mbombela has dismissed Mafuyeka’s R10 million damages claim against the Minister of Health and provincial health authorities, ruling that he waited far beyond the legally allowed period to take action.

The court acknowledged the trauma he experienced. But timing, not sympathy, ultimately decided the case.

The Day A Routine Shift Turned Violent

The incident dates back to 2014 at Thulamahashe Community Health Centre. Mafuyeka was on duty when a member of the public rushed a relative to the clinic in severe respiratory distress. Despite efforts to help, the patient died shortly after arrival, reportedly due to underlying medical conditions.

Emotions boiled over. The grieving man accused Mafuyeka of causing the death and physically attacked him. Security guards had to intervene to stop the assault.

For many healthcare workers, the scene feels familiar. Social media reactions following the judgment echoed this sentiment, with nurses sharing stories of threats, verbal abuse and physical danger in clinics across the country.

“This could happen to any of us,” one nurse wrote on X. “We go to work to save lives, not to be attacked.”

Why The Court Rejected The Claim

Mafuyeka eventually sued the Health Department for failing to provide a safe working environment, claiming emotional trauma, pain and suffering, and future medical costs. But he only issued summons in 2022, eight years after the attack.

South African law is clear. Civil claims must be brought within three years of an incident.

The department raised two key legal defences. First, that the claim fell under the Compensation for Occupational Injuries and Diseases Act, known as COIDA. Second, that the claim had prescribed because it was lodged too late.

On the COIDA issue, the court actually sided with Mafuyeka. Deputy Judge President Takalani Ratshibvuma ruled that the assault was not a risk inherent to nursing duties, even though it happened during working hours. That argument failed for the department.

But the prescription issue proved fatal to the case.

Too Late, Even With An Explanation

Mafuyeka argued that the Health Department acknowledged responsibility by completing COIDA paperwork and covering some travel expenses. He also said he believed he had to wait for the attacker’s criminal case to be finalised before suing the state.

The court rejected both arguments.

Judge Ratshibvuma pointed out that the claim was not against prosecutors and did not depend on a criminal conviction. More damaging was the fact that Mafuyeka had already pursued a damages claim against his attacker shortly after the assault, even though it failed because the man was unemployed.

That showed, the judge said, that Mafuyeka knew from the start that he had a civil claim arising from the incident.

“It is evident that the plaintiff was aware of the facts that give rise to the action as far back as 2014,” the judgment noted.

A Warning To Healthcare Workers

The ruling has sparked debate online, especially among healthcare unions and frontline workers. While many expressed sympathy for Mafuyeka, others noted the harsh reality of legal deadlines.

“This judgment isn’t about denying what happened,” one legal commentator posted. “It’s about the clock running out.”

The case now stands as a cautionary tale for public servants injured at work. In a system where violence against healthcare workers remains a growing concern, knowing your legal rights early can be just as important as having them.

For Mafuyeka, the court door has closed. For others, the message is clear: when it comes to civil claims, time waits for no one.

{Source:IOL}

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