Her Right Initiative (HRI) lawyers have confirmed that they instituted legal action on behalf of the victims of forced and coerced sterilisation that happened between 2007 and 2023. In an interview withThe Citizenyesterday, Professor Ann Strode, from the School of Law at the University of KwaZulu-Natal and technical advisor to HRI, said the organisation was using multiple legal strategies to try to get redress for the 104 sterilised women that they represent. “The international law firm, DLA Piper, has taken on the matter and is investigating various legal options, including a class action against the Department of Health.
“It has already issued a letter of demand for redress for the victims. It is hoped that civil action against the department will be successful,” said Strode. Strode said they were also pressuring the Parliamentary health portfolio committee to ensure the department reports back on the steps it would take to resolve the matter.
She added that they hoped the pressure would lead to changes to the Sterilisation Act of 1998 to enhance consent protections. “It is also hoped that this will also lead to better training on obtaining consent from patients so that this practice stops. “We are using various international law approaches through the United Nation system to increase the pressure on the department.
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In 2026, HRI will continue with all the strategies.” When asked if the cases were winnable in court, she said all 104 cases have been prescribed because none of the women came forward within the required three-year period. “This is a significant legal barrier that DLA Piper faces in trying to obtain redress for the victims. “However, the Centre for Applied Legal Studies (Cals) at Wits has had some success in addressing prescription issues, and links are being developed with Cals in relation to obstetric violence cases, and it is hoped it will be possible to overcome this barrier.” She has called on the individuals and organisations to support the HRI efforts by writing to the minister of health or the Health Portfolio Committee, urging them to ensure that the victims receive redress.
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