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HomeNews Update‘Defamation’ smears led to patient refusing ambulance services, court hears

‘Defamation’ smears led to patient refusing ambulance services, court hears

The ongoing legal battle between KZN Transport MEC Siboniso Duma and ALS Paramedics escalated yesterday (Wednesday) into accusations of perjury and claims that a patient had refused the private ambulance service because of Duma’s public statements, reports News24.

In a supplementary affidavit filed in the KZN High Court (Pietermaritzburg), ALS Paramedics director Garrith Jamieson accused Duma of publicly branding him a liar and a criminal on a social media post – this in the wake of Judge Pieter Bezuidenhout recently refusing ALS’ urgent bid for immediate relief to interdict Duma from making any more defamatory statements.

The judge had found Duma’s original statements potentially defamatory but declined urgent intervention, instead granting a rule nisi, setting up a May court hearing where Duma has to justify why such an interdict should not be granted against him.

However, yesterday Jamieson said Duma had interpreted the judgment as approval to continue his attacks, citing a department social media post from 23 February that declared: “By and large, the judgment empowers MEC Duma, as the executive authority responsible for road safety, to continue to demonstrate accountability and transparency.”

In their affidavits, paramedics Mahommed Yusuf Shaik and Snokuhle Mayaba described how shortly after being loaded into their ambulance after an accident on the N3 recently, a female patient then asked which medical service they were – and when she found out they were ALS, refused their assistance.

“She said she didn’t want any check-up from us because of the conflict with Duma and ALS paramedics that she had seen on social media,” said Shaik.

Jamieson warned that the damage from the MEC’s statements “continues and will further continue as long as the respondent remains un-interdicted”.

The original dispute started after Duma’s 29 January press conference at the scene of a deadly 11-person crash, where he accused ALS of “bulldozing” accident scenes, misreporting casualty numbers, and refusing to treat uninsured patients.

Jamieson said Duma “intends to continue defaming” him, treating his inflammatory statements as official MEC duties protected by the court’s refusal to grant immediate relief.

Duma is expected to file his papers replying to ALS’ supplementary affidavit later this month.

The May hearing will determine whether Duma’s public statements constitute defamation worthy of a permanent interdict.

 

News24 article – Patient refuses ALS Paramedics over MEC Duma’s ‘defamation’, KZN High Court hears (Restricted access)

 

See more from MedicalBrief archives:

 

MEC and paramedics clash looms in defamation case

 

KZN MEC stands by claims about private paramedics

 

Lawsuit threat after KZN MEC slams private paramedics

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