[Apologetics] 3rd trimester abortion failure case - durban

[Stephen Korsman]

SOUTH AFRICA: DOCTORS FOR LIFE INT. PRESS RELEASE 

Embargo: Immediate release     (15-11-2004)                                                   
Enquiries: John Smyth,QC (Legal spokesperson for DFL) 
                     Cell: 083 653 8804

  

DURBAN NORTH HIGH SCHOOL ARRANGES SECRET ABORTION 

FOR SCHOOLGIRL IN FEBRUARY 2004

 

MIDWIFE PERFORMS ABORTION AT DURBAN CLINIC 

WITHOUT CONSULTING MEDICAL PRACTITIONER

 

PARENTS SUFFER DEVASTATING SHOCK WHEN THEIR DAUGHTER GIVES BIRTH TO A 28-WEEK TERM BABY SON CALLED STORME AS A RESULT OF THE ABORTION

 

DOCTORS FOR LIFE INTERNATIONAL LAUNCH LEGAL PROCEEDINGS

 

  a.. Doctors for Life International (DFL) have launched legal action in the Durban High Court against the Headmistress and Counsellor of the Danville Park Girls' High School in Durban, the School Governing Body, the MEC for Education in KZN, and against the Rose Clinic, its gynaecologist proprietor Dr Vikash Nundall, and Sister Pillay, a midwife.
    
  b.. DFL is a co-Plaintiff with Crystal Osler and her mother, both of whom sue for damages for post-traumatic shock, and in Crystal's case, severe depression.
Crystal is claiming R250,000 and her mother R100,000 by way of general damages.

 

  a.. Crystal alleges that the School acted unlawfully in arranging an abortion without consulting her parents, and without ascertaining the term of her pregnancy. She alleges that the clinic subjected her to an illegal third trimester abortion.
    
  b.. DFL claim orders against the Rose Clinic and its proprietor that they cease to offer abortion facilities at their clinics (in Durban and at Richard's Bay) until the provisions of the Abortion Act of 1996 and its Regulations are complied with in respect of counselling their patients, obtaining their informed consent, and ensuring criminal offences are not committed by breaching section 2 of the Act as to the circumstances in which the law permits an abortion.
    
  c.. The case raises the Constitutional issues of whether a woman who is subjected to an illegal abortion is entitled to damages for loss of dignity under section 10 of the Bill of Rights, and whether a baby born alive as a result of an abortion has a right to life under section 11 of the Bill of Rights.
    
  d.. Attorneys Van Lingen of Durban act for all the Plaintiffs and they have instructed Adv Dieter Achtzehn as Counsel for the Plaintiffs.

DFL represent more than 1000 medical doctors and specialists three-quarters of whom practice in South Africa. Doctors For Life was founded as a South African organisation in 1991 and has spread across the globe. Please go to: www.doctorsforlifeinternational.com.


Doctors For Life International
P.O.Box 1647
3640 Kloof
South Africa


+27 (0)31 764 0443  (office)
+27 (0)31 764 0440  (fax)
www.doctorsforlifeinternational.com 
mail at dfl.org.za 
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