Perceived failure by the KwaZulu-Natal’s Health Department to address damning claims of a “mortuary mafia” perpetrating serious health and human rights violations at state mortuaries, has prompted the resignation of the head of forensic medicine at the Nelson R Mandela Medical School, Durban.

In an interview with the Daily News on Thursday, Professor Steve Naidoo, a chief specialist in forensic pathology, described the services offered at mortuaries in KZN, particularly at Magwaza Maphalala (Gale Street) Mortuary, as “lame and pathetic” .

Damning claims by Naidoo include staff failing to conduct proper procedures for the identification, treatment and release of bodies, failing to comply with national protocols in the treatment of unidentified bodies and facilitating the irregular disposal of unclaimed bodies.

This, he said, opened the doors to insurance fraud and illegal trade of body parts.

The “terminal decline” of the mortuary services started in 2006, when the KZN Health Department took over the running of state mortuaries from the police.

“In my view some of these activities constitute a serious violation of human rights not only to the families of the deceased and members of the public, but also to those innocent and hardworking staff members in the health department and police.

“In many instances grieving families have been left traumatised by the way the bodies of their loved ones are treated at mortuaries.”

Naidoo said while the department denied knowing of his claims, he had proof of a detailed internal audit he conducted in 2008, emphasising the same issues and steps that could be taken to rectify problems. The findings of this audit, he said, had been forwarded to several departmental heads.

KZN Premier Zweli Mkhize expressed his regret at the situation and said an immediate investigation into the allegations would be conducted.

“This is a critical service and it is the responsibility of the provincial government to turn this situation around. We cannot sit around and fold our arms as service delivery is key. We are committed to dealing with this issue urgently across the province.”

Naidoo’s resignation was further spurred by continued harassment by mortuary workers, he said, and a lack of support from the department, as well as alleged criminal activity by mortuary staffers.

He said the office of the premier was also aware of the mortuary crisis, but to date nothing had been done.

“To me there is clearly a need for intervention by the national Department of Health – possibly in consultation with the Department of Justice, which is a key stakeholder – to ensure that the problems relating to staffing and equipment are sorted out immediately.

“Also needed urgently is an audit into how the considerable amount budgeted for the takeover of the mortuaries by the health department has been spent.

“There is also a need for informed debate about whether the Department of Health is a fit and proper body to retain control over these facilities.”

Health spokesman, Chris Maxon, said Naidoo’s departure was regrettable, especially when his reasons were reason for concern. Naidoo had failed to address his concerns with the right channels, Maxon said.

Naidoo’s comments that the service at the mortuaries in KZN had suffered a terminal decline since 2006, Maxon said, were a matter of personal opinion, he said.

Since 2006 the department had renovated all mortuaries that were in a state of decay.

“We believe the respectable professor knows better than what he is stating. Millions of rand have been spent in ensuring that the mortuaries are brought to acceptable standard.”

Independent researcher and human rights defender Mary de Haas said the decision by the department to allow Naidoo, who she described as the province’s leading pathologist, to resign was disgraceful.

She said she initially supported the transfer of mortuary services from the police to the Department of Health.

“But, it is now clear that this move has had disastrous consequences for the cause of justice, and for the rights of the deceased and their loved ones. What is needed, urgently, is effective management, the employment of suitably qualified staff in senior positions, the disciplining, transfer and/or dismissal of unqualified, ill-disciplined and criminal staff, and the purchase or repair of essential equipment such as x-ray machines.”

When he attempted to expose the wrongdoings of the “mortuary mafia” at the Magwaza Maphalala Mortuary – who he said were “ill disciplined and unqualified technicians” – Naidoo claimed his personal safety had been threatened and attempts had been made to sabotage his work.

“The crisis at the mortuary has also affected my ability to teach undergraduate medical students and post-graduate registrars.

“The arrogance of workers has extended to them objecting to the teaching of medical students at the facility. This has resulted in (students) not getting enough practical experience in conducting autopsies.

“Also, the lack of proper management and the failures of the health department to ensure adequate maintenance, has compromised the health and safety of workers including the medical students and trainee specialists.

“In instances where I insisted on high standards at the mortuary, staff claimed I was harassing them.”

Naidoo alleged that many of the mortuary technicians were unqualified – with some earning level seven salaries equivalent to or more than what some qualified health professional such as nurses and paramedics earned.

He recommended a total overhaul of the department including the dismissal of incompetent staff and a commission of enquiry into forensic pathology services in the province before the service collapsed into a deeper crisis.

Commenting on the recent go-slow at the Phoenix Mortuary because of the alleged non-payment of overtime, Naidoo said this was a clear indication of the ill disciplined behaviour of staff.

“Essential services staff are not allowed to strike. So, they hamper service delivery by arriving late for work and sometimes refusing to take instructions from doctors.

“This attitude has given me a total loss of confidence in the system. It is clear that political necessities and incompetent management are affecting good service delivery.”

Maxon said the mortuary services had a number of challenges over the years and the department sought to ensure a professional operation with excellent customer service.

Commenting on the alleged “mortuary mafia”, Maxon said Naidoo had not reported the acts of misconduct which resulted in no action being taken.

He appealed to Naidoo to provide them with the details of the alleged corruption so that they could act on the allegations.

He said the department condemned all acts of sabotage of the forensic mortuary as well as acts that prejudiced the bereaved.

Maxon suggested that any officials of the department who faced any form of harassment needed to report the matter to the police and the department’s security officer, so that proper arrangements could be made for protection.

He said they needed to investigate if Naidoo had reported the harassment to his seniors.

With regard to the allegations of the unqualified technicians, Maxon said they needed more evidence for this “generalised statement”.

On the issue of medical students not receiving adequate practical experience at the mortuaries, Maxon said Naidoo, as an academic, should have ensured this never happened.

Professor Steve Naidoo has expressed concern at alleged mismanagement of evidence unearthed at mortuaries for investigation and court processes.

“The services provided by government mortuaries play a vital role in providing evidence in court. But, the way they are currently being mismanaged by the department could be construed as defeating the ends of justice.”

Naidoo said the failure by the department to provide up-to-date x-ray machines at all mortuaries, which are essential for x-raying the bodies of gunshot victims, meant that bodies from most other parts of the province had to be brought to Durban for post-mortems.

But, he said, because of the logistics involved, this was rarely the case, even when the circumstances of the crime mad it imperative for this procedure to take place.

“Failure to x-ray bodies where deaths have occurred in certain circumstances such as gunshot injuries and child abuse cases, among others, also constitutes a miscarriage of justice. The lack of training plus the bad attitude of mortuary workers – and the absence of any proper supervision – has potentially dire consequences for the handling and storage of evidence.

“Even the new Pietermaritzburg Fort Napier Mortuary does not have an x-ray machine, nor the services of a specialist pathologist to perform autopsies. Controls over equipment are lacking. There have also been allegations of staff selling new body trolleys to undertakers.”

Naidoo said bodies were supposed to be sealed in decent quality bags and not opened until the doctor was about to begin the autopsy. The proper handling of the deceased’s clothing was also very important, he said.

“The body is easily contaminated when (as often happens) these procedures are not observed, or when tissue samples taken are not properly stored. The failure of the health department to employ properly trained and supervised staff means that valuable evidence is routinely lost to the court. Also, autopsies, especially in rural areas, are frequently performed by doctors who have little or no forensic training, with potentially serious consequences for evidential purposes.”