News / Local
'Zanele Moyo heart removal illegal,' says Jonathan's lawyer
08 Nov 2015 at 03:28hrs | Views
THE lawyer representing Higher and Tertiary Education Minister Professor Jonathan Moyo's family has described the removal of the heart from the body of the minister's late daughter, Zanele by a South African pathologist as "unlawful, barbaric and insensitive", adding that the shocking procedure was done without the family's blessing.
Mr Terrence Hussein of Hussein Ranchhod and Co Legal Practitioners in a statement yesterday dismissed media reports attributed to the South African Department of Health that it was standard practice to retain organs for further investigation to determine the cause of death.
Mr Hussein added that the family has failed to get co-operation from the South African Police Service on the death of the 20-year-old university student who was found dead in her apartment in Cape Town on 17 October.
A Cape Town newspaper on Friday quoted the Western Cape Health Department's deputy director of communications, Mark van der Heever, as saying: "The pathologist followed standard procedure and has not been suspended or expelled."
In response, Mr Hussein said the reports attributed to the South African authorities, carried by a Cape Town newspaper can not go unchallenged.
"We have been instructed by the family of the late Zanele Moyo to respond to reports that: 1. The removal of the late Zanele Moyo's heart was in order; and 2. That the South African Police Service have advised the family on the correct route to follow as regards the investigation.
"If the reports on the above aspects carried in the Cape Times newspaper, accurately reflect the views of the Western Cape Health Department and the South African Police spokesman Mr Musa Zondi, the said comments are inaccurate and with respect, cannot go unchallenged.
"As regards the removal of Zanele's heart, the grieving family only became aware of this unlawful, barbaric and insensitive act after a second post-mortem was conducted by highly qualified personnel in Harare, Zimbabwe. The family had an opportunity to speak to the Forensic Pathologist on the day the post-mortem was carried out and were informed that tissue and blood samples had been obtained from the deceased. No mention of the removal of the heart was made by the pathologist, nor was the family's consent sought," he said.
He added that a written complaint was sent to the Western Cape Health Department about the tardy aspects to the first post-mortem but the Forensic department did not reveal to the family that the heart had been removed and that it was legal to do so.
"This painful fact has only been revealed by the Forensic Department to the Press. The Western Cape Health Department has not, either in writing or through its communication to the Press, indicated for what purpose they have retained the heart. Had it not been for a second post-mortem requested by the family due to the inconclusive and tardy initial autopsy conducted in Cape Town, this illegality would never have come to light and those behind it would have gotten away with it and perpetrated this act in future cases. We do not find any support in the law for the suggestion that the surreptitious removal of body parts without reference to the family is standard procedure," the lawyer said.
Mr Hussein added that the South African police have not contacted Professor Moyo's family regarding the investigation on the cause of the death of Zanele, adding that sentiments that the family was informed of the route to follow were misleading and inaccurate.
"At no time has the South African Police Service advised as indicated in the statement the procedure the family should adopt in dealing with the issue. Having been met with frustrating silence from the South African Police Service on the status of the investigation, we were instructed on 2 November 2015 to file a formal complaint to Saps Head Office Complaints Unit. We have not had the standard courtesy of an acknowledgement of our letter, nor a response to our complaint. That is the legal route that one would adopt to complain about the quality of service of the South African Police Service. It is therefore incorrect to allege that the family has resorted to the Press and not to the Saps for relief. It must ironically be pointed out however, that the family has learnt about the Saps stance through a press report."
Mr Hussein said all the family wanted were answers surrounding the death of their daughter and why her heart was removed, to bring closure to the dark episode in their lives, imploring the South African authorities to assist the family accordingly.
The late Zanele, a second year student at the University of Cape Town, was laid to rest at Glen Forest Memorial Park in Harare on 23 October. She was described by her sister, Lungile, as "a very happy person who loved to make people laugh and very wise for her age". Her father, Professor Moyo, referred to her as "my angel daughter".
Her friend, Nocole Bento, last saw her on Wednesday, 14 October at her apartment. She was in the company of a Zambian man Stephen Kenneth Newman Chitobolo (29), who it is believed should provide crucial information surrounding her death. Bento told investigators that Chitobolo called her at about 9pm on the same day saying "Zanele was
passing out." Chitobolo then claimed he was leaving for Zambia for his father's funeral.
Bento added that she was not able to go to Zanele's apartment because her mother had visited. She tried to reach out to Zanele on Thursday and Friday without success, until Saturday, 17 October, when Zanele's mother, Beatrice, called from Zimbabwe and instructed her to find a locksmith and get inside the apartment. On finding her, she was dead, lying in a pool of blood, facing downwards, wearing the same clothes as on Wednesday when she last saw her.
President Mugabe is on record saying the Zimbabwean Government was not convinced by the explanation given by South African authorities on the matter. The President also queried why the South African police seemed to be reluctant to investigate the matter, saying Government would pursue the matter until a satisfactory explanation is given.
Mr Terrence Hussein of Hussein Ranchhod and Co Legal Practitioners in a statement yesterday dismissed media reports attributed to the South African Department of Health that it was standard practice to retain organs for further investigation to determine the cause of death.
Mr Hussein added that the family has failed to get co-operation from the South African Police Service on the death of the 20-year-old university student who was found dead in her apartment in Cape Town on 17 October.
A Cape Town newspaper on Friday quoted the Western Cape Health Department's deputy director of communications, Mark van der Heever, as saying: "The pathologist followed standard procedure and has not been suspended or expelled."
In response, Mr Hussein said the reports attributed to the South African authorities, carried by a Cape Town newspaper can not go unchallenged.
"We have been instructed by the family of the late Zanele Moyo to respond to reports that: 1. The removal of the late Zanele Moyo's heart was in order; and 2. That the South African Police Service have advised the family on the correct route to follow as regards the investigation.
"If the reports on the above aspects carried in the Cape Times newspaper, accurately reflect the views of the Western Cape Health Department and the South African Police spokesman Mr Musa Zondi, the said comments are inaccurate and with respect, cannot go unchallenged.
"As regards the removal of Zanele's heart, the grieving family only became aware of this unlawful, barbaric and insensitive act after a second post-mortem was conducted by highly qualified personnel in Harare, Zimbabwe. The family had an opportunity to speak to the Forensic Pathologist on the day the post-mortem was carried out and were informed that tissue and blood samples had been obtained from the deceased. No mention of the removal of the heart was made by the pathologist, nor was the family's consent sought," he said.
He added that a written complaint was sent to the Western Cape Health Department about the tardy aspects to the first post-mortem but the Forensic department did not reveal to the family that the heart had been removed and that it was legal to do so.
"This painful fact has only been revealed by the Forensic Department to the Press. The Western Cape Health Department has not, either in writing or through its communication to the Press, indicated for what purpose they have retained the heart. Had it not been for a second post-mortem requested by the family due to the inconclusive and tardy initial autopsy conducted in Cape Town, this illegality would never have come to light and those behind it would have gotten away with it and perpetrated this act in future cases. We do not find any support in the law for the suggestion that the surreptitious removal of body parts without reference to the family is standard procedure," the lawyer said.
Mr Hussein added that the South African police have not contacted Professor Moyo's family regarding the investigation on the cause of the death of Zanele, adding that sentiments that the family was informed of the route to follow were misleading and inaccurate.
"At no time has the South African Police Service advised as indicated in the statement the procedure the family should adopt in dealing with the issue. Having been met with frustrating silence from the South African Police Service on the status of the investigation, we were instructed on 2 November 2015 to file a formal complaint to Saps Head Office Complaints Unit. We have not had the standard courtesy of an acknowledgement of our letter, nor a response to our complaint. That is the legal route that one would adopt to complain about the quality of service of the South African Police Service. It is therefore incorrect to allege that the family has resorted to the Press and not to the Saps for relief. It must ironically be pointed out however, that the family has learnt about the Saps stance through a press report."
Mr Hussein said all the family wanted were answers surrounding the death of their daughter and why her heart was removed, to bring closure to the dark episode in their lives, imploring the South African authorities to assist the family accordingly.
The late Zanele, a second year student at the University of Cape Town, was laid to rest at Glen Forest Memorial Park in Harare on 23 October. She was described by her sister, Lungile, as "a very happy person who loved to make people laugh and very wise for her age". Her father, Professor Moyo, referred to her as "my angel daughter".
Her friend, Nocole Bento, last saw her on Wednesday, 14 October at her apartment. She was in the company of a Zambian man Stephen Kenneth Newman Chitobolo (29), who it is believed should provide crucial information surrounding her death. Bento told investigators that Chitobolo called her at about 9pm on the same day saying "Zanele was
passing out." Chitobolo then claimed he was leaving for Zambia for his father's funeral.
Bento added that she was not able to go to Zanele's apartment because her mother had visited. She tried to reach out to Zanele on Thursday and Friday without success, until Saturday, 17 October, when Zanele's mother, Beatrice, called from Zimbabwe and instructed her to find a locksmith and get inside the apartment. On finding her, she was dead, lying in a pool of blood, facing downwards, wearing the same clothes as on Wednesday when she last saw her.
President Mugabe is on record saying the Zimbabwean Government was not convinced by the explanation given by South African authorities on the matter. The President also queried why the South African police seemed to be reluctant to investigate the matter, saying Government would pursue the matter until a satisfactory explanation is given.
Source - sundaynews
