Durban: An e-hailing driver is claiming R1 million in damages after he was allegedly assaulted by hospital security guards for trying to see his ailing mother.
Tyson Chetty, 25, suffered an injury to his head, his right rib cage, and a broken finger.
He is represented by Narisha Hansraj of Narisha Hansraj Attorneys at Law based in uMhlanga.
Chetty said his mother had a lung problem and that on February 10, he left her at RK Khan Hospital. During the day, his mother called to tell him that she would be admitted. That day, he said he was allowed through the hospital's main gate. He said before he sought permission from a guard at the casualty ward to see his mother, another guard reprimanded him.
"I explained that I needed to chat to my mother for five minutes. Then the guard forcefully removed me from the premises. At this point, a female security supervisor asked the guard to let me go. She told me to wait outside as my sister was with my mother."
Chetty said that while in the parking lot, the security guards mocked him, and he was threatened with a metal sledgehammer.
He said the guard who forced him out of the hospital approached him with a steel pipe and struck him on his head.
"The guards began assaulting me. Some were armed with iron rods. An iron sledgehammer was also used. I could not move. All I could do was block my face."
He said he then heard a woman shout at the guards to leave him alone.
“That was all I heard as I lost consciousness."
He said his sister, thereafter, took him to a private GP for treatment.
Chetty got three stitches on the back of his head and sustained an injury to his right rib cage. His left middle finger bone was broken.
Hansraj has since issued a letter of demand to the MEC for Health, Nomagugu Simelane, and Mafoko Security Services.
"The respective security guards took the law into their own hands by assaulting our client for no valid reason. Further, the incompetent service displayed by the staff of RK Khan Hospital is completely unethical and unprofessional,” said Hansraj.
"As a result of the actions on the part of Mafoko Security Services and RK Khan Hospital, our client has incurred severe financial loss, loss of amenities of life, and copious amounts of past, present and potential future medical expenses."
Hansraj said that due to Chetty's injuries, he was unable to perform the duties at his job and was therefore unable to generate an income to sustain himself.
"Our client is the sole breadwinner of his household, and as such, his family and himself are facing extreme hardship with respect to daily sustenance."
She said Chetty struggled to use the bathroom or consume certain foods due to pain.
"Furthermore, the impact of the assault inflicted has led to our client’s mental health to deteriorate to such an extent that he has continuous nightmares of the incident and cannot function anymore like a normal human being on a daily basis.
"Due to the injuries sustained on our client’s head, he has begun to experience memory loss and hallucinations."
Hansraj is demanding R1 million to compensate Chetty for: the loss of earnings; the loss of amenities of life; past, current and future medical expenses; psychological evaluation; therapy and rehabilitation.
Ntokozo Maphisa, a spokesperson for the KZN Department of Health, said the department was concerned by the allegations.
"We want to place on record that violence of any form perpetrated by anyone on its premises will not be tolerated. There are always legal and acceptable ways to resolve disputes. That said, the department is unable to comment on the merits of this case, as it is in the hands of law enforcement authorities, and this must be respected."
Mafoko Security Services did not comment.
Colonel Thembeka Mbele, a provincial police spokesperson, confirmed that a case of assault is being investigated by Chatsworth SAPS.
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