Issue a public apology and retraction by Monday or face legal action.
That’s the gauntlet thrown down to KwaZulu-Natal transport MEC Siboniso Duma by private ambulance company Advanced Life Support (ALS) Paramedics after he accused them of “bulldozing” their way into accident scenes, bullying law enforcement, inflating casualty numbers and refusing to treat dying patients without medical aid.
Attorney Wesley J Rodgers, acting on behalf of ALS Paramedics, sent Duma a 7-page letter on Friday, after the politician addressed media at the scene of a minibus taxi and truck crash in Lotus Park, south of Durban, on Thursday. Eleven people died, and eight others were injured.
“When they [ALS] enter the scene, they tend to bulldoze. I am sure you know by now that they are also insensitive in some instances. If you don’t have medical aid, they are not going to assist you — if it means you are dying, if it means they could still save you. It is why we prefer you deal with the department of health.
“I have always mentioned that the MEC of health is always dispatching qualified and stronger teams on the scene, who are not saying you are going to be excluded,” said Duma, whose comments were broadcast on TV, radio and social media.
The MEC’s spokesperson, Ndabezinhle Sibiya, said the letter sent to the media is “laughable” and Duma would not retract any statement.
Rogers said his client disputed Duma’s statements as “false, vexatious and defamatory” and presented evidence contradicting the MEC’s claims that the province’s emergency response system provided a stronger service or that ALS failed to transport injured patients at Thursday’s crash.
He said Duma’s allegations of unprofessional conduct and discriminatory practices by ALS caused his client reputational harm.
“At the scene in question, our client in fact transported two patients without medical aid to [a] public hospital (Albert Luthuli Hospital), and it does so on an ongoing basis where required.”
He said ALS also assisted two other patients at the scene.
On the issue of the state’s health services, Rogers alleged all five of the KZN emergency medical response service (EMRS) vehicles at the scene were operating unlawfully, as they did not display valid operating licences as required under the National Health Act and emergency medical services regulations.
“In addition, the EMRS paramedics that attended the scene lacked even basic pain medication and an ECG [electrocardiogram] monitor and had requested [one] from our client. By suggesting this service is stronger than our client’s service is thus harmful to the public, who may follow your misguided opinion and thus risk their own lives by relying on an emergency medical service which lacks the most basic of equipment and medication.”
He said EMRS arrived an hour after ALS was at the scene.
Rogers further disputed claims ALS had inflated casualty numbers at a separate accident two weeks earlier, adding they had documentary proof showing assistance was provided to nine pupils, not 11 or 12 as alleged.
He said ALS worked closely with the metro police and the SAPS regularly, and there was only one issue relating to an unresolved complaint against a Road Traffic Inspectorate official last year.
Duma had overreached on his executive role and breached the principle of legality, he said.
ALS has given Duma until 1pm on Monday to comply, failing which legal action will follow.
TimesLIVE
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