Court bars Dora Nginza workers from striking amid hospital chaos

Workers at Dora Nginza Hospital have been temporarily barred from their strike action after the labour court in Gqeberha granted an urgent interim order in favour of Eastern Cape health MEC Ntandokazi Capa.

The ruling, issued on Friday, effectively prevents unions and employees from continuing protest action pending a full hearing on May 19.

The court order, which names unions including Nehawu, Denosa and Nupsaw, as well as individual employees, comes amid escalating tensions at the hospital.

The order also prevented staff from blocking exits and entrances for service vehicles, as well as doctors and nurses wishing to enter the hospital.

Last week, a strike by nurses and porters paralysed health care at the hospital with anguished posts, describing patients lying in pain and uncared for, going viral.

Videos showed a patient lying apparently dead on the floor of a ward, and another of protesters singing and dancing outside the building.

The health department warned that the rule of no work, no pay applies.

One video posted on social media shows a ward with patients lying in their beds, but there is no sign of any staff.

A bit higher up the passage, a half-naked man is sprawled on the floor with what looks like a drip clutched in one of his hands.

The man who shot the video, who asked not to be named, said on Friday he had been visiting a sick family member on Thursday night at about 7pm.

“The man lying on the floor was dead,” he alleged, “but there were no nurses to help, or porters to take the body to the mortuary.

“I tried speaking to three security guards, but they said they could not get involved.

“The dead man was still lying there when I visited this morning.”

He said during his Thursday night visit, he had also found a distressed woman trying to help her brother.

“He needed to do a number two, but he could not walk, so he had to do it in his bed, and she was cleaning him.”

He said he was disturbed but not shocked by what he found.

“In fact, when I went back this morning, there were three more patients who had passed, and the staff were still not on duty.”

He said the labour action was already under way on Wednesday, and he shot a video of staff standing, singing and dancing outside the doors of the hospital.

A Thursday night post by Pearl Adams on Facebook confirmed the situation as described by the anonymous videographer.

Adams said she was desperately worried about a relative who had been admitted to Dora Nginza maternity section as a high-risk pregnancy, to have her baby delivered by caesarean.

“Her waters have broken [indicating the amniotic sac is ruptured and birth is imminent] and contractions have started, but since 7pm there have been no nurses because they are being stopped by union members.

“She is in pain and the nursing colleagues outside are preventing others from entering who would be able to assist her.

“I am all for fighting for your rights but should it be at the cost of an innocent life?

“If the other nurses do not want to participate in the strike and want to save lives instead, please allow them to do so and to honour the oath they took [Nightingale Pledge ... to protect patient health above all].”

When The Herald arrived at Dora Nginza on Friday, the ground floor of the reception area was empty except for a couple of security guards.

One floor up, past a litter lying on the stairs, a large group of workers were crowded, listening to an address by a management representative.

When The Herald took a photograph, the speaker stopped and said he was not prepared to carry on with his address.

A National Education Health and Allied Workers Union (Nehawu) leader took over and told the reporter he must check in first with management at reception before speaking to anyone, and then ushered him out.

In the reception, Anele Zokufa, manager in the office of the CEO of the hospital, said The Herald could not speak to her or to workers.

She referred questions for management to the provincial health department spokesperson.

The Eastern Cape health department said on Friday the labour action taken by staff at Dora Nginza and Motherwell Community Clinic was unacceptable and illegal.

Questions were put to Nehawu on Friday afternoon. The union’s regional spokesperson, Sithembiso Mbonde, said he needed to gather information before responding.

Department spokesperson Siyanda Manana said the action fell outside the legal framework governing labour relations.

“It potentially affects patients and could compromise access to critical services.

“It is not in the best interests of patients, communities, or the broader public health system.”

He said the department was aware of the concerns raised by staff.

“These concerns were legitimate, and have been treated with urgency and seriousness.

“However, the department is equally clear that there are established processes through which such matters must be addressed. These processes were not followed prior to the commencement of the current strike action.”

Touching on the concerns raised about security incidents and measures taken at Motherwell Clinic, he said the department had deployed additional security personnel, cleared foliage used by criminals to conceal themselves, and installed floodlights.

Closed-circuit television cameras had also been introduced, burglar proofing had been expanded through the clinic and access gates had been repaired.

Perimeter fence upgrades had been accelerated, investigations into security breaches had been initiated and trauma counselling for affected staff had been established.

Manana said to address the work overload issue, patients had been diverted to facilities with capacity, and additional agency staff had been deployed.

He said the department had engaged with staff and union leaders and formal strike ultimatums had been issued but this had not resolved the issue, and decisive steps were now being taken.

“A no work, no pay principle is being implemented. Cases of intimidation and harassment have been formally opened with the police, and criminal charges are being pursued, where applicable.

“An urgent interdict has been initiated to halt unlawful conduct, while precautionary suspensions are being effected in line with due process.

“Matters of professional misconduct are being referred to the Health Professions Council of South Africa and the South African Nursing Council for further action.

“In addition, we are briefing the portfolio committee of health and relevant chapter nine institutions, including the public protector, the Public Service Commission and the South African Human Rights Commission.”

He said the department was open to structured engagement with recognised leadership to resolve outstanding staff issues.