PCD College. Picture: Google Maps Street View.
The Congress of South African Trade Unions (COSATU)
and an experienced psychologist said the rights of confidentiality of Deaf and
hearing paid learnership students with different disabilities were violated
through holding therapy sessions in a room with alleged live cameras at PCD
College in Pretoria.
The
counselling sessions followed allegations
of racism, ill-treatment, unfair labour practise that Deaf students and hearing
students with different disabilities had alleged were facing at the college
under their supervisor, Joshua Viviers. Although
some of the students are only Deaf, others are classified as deaf-partially-blind. The
students are on a four-year occupational learnership programme at PCD College,
and their sponsorship and stipends are paid by different organisations,
including Afrox Linde Group.
Although
it is alleged that the counselling sessions were offered by a healthcare
professional from Life Healthcare, its Life Health Solutions division could not
deny nor confirm this. It is understood that the therapist reported to the
students’ sponsor, Afrox that there were live cameras where the sessions were held.
When asked whether the therapy sessions were held in a
room with live cameras despite the consultation
being between patients and a doctor, responding via their lawyer, Niel Cloete, said
his client [PCD College] said the footage was cleared after a request from
Afrox.
In
a written response on behalf of PCD College, its attorney Cloete said:
But Dr Johann Burden, a psychologist with more than 50
years of experience in the profession, said, “What
does it mean ‘cleared’. Clearing the cameras does not mean anything. If it
happened that the students’ sessions were filmed without their consent, then it
is not cleared.”
Burden
said:
Burden said the therapy sessions were supposed to be
held at a totally different place to allow the students to express themselves
freely.
“Any
counselling session that takes place between a psychologist and an individual
is confidential, unless the individual agrees to what the psychologist can disclose.
If the individual can disclose themselves, then a confidentiality contract
between a psychologist and an individual falls away.”
He added that, “If
I was in that situation and I was not aware of the cameras that were installed,
I cannot be blamed for it because I was not aware. But the moment that I became
aware of it, then it becomes a confidentiality issue, and the individual's rights
are compromised.”
COSATU
spokesperson, Matthew Parks said
this must come to an end and that those in violation of the rights of students
with disabilities should be held accountable.
Parks said, “We are shocked that such recordings have
been done during therapy and counselling. That is illegal and a violation of
their constitutional rights. It must stop and those who did such be held
accountable. We are engaging SADTU to help ensure it ends.”
Approached
for comment on why the sessions allegedly continued even though there were live cameras
in the room, the Life Health Solutions’ spokesperson said they are not in a
position to disclose any details provided by their healthcare professionals.
“Life
Health Solutions is a provider of well-being and health risk management
services to corporates. We are committed to delivering services that strictly
adhere to our internal protocols in alignment with privacy legislation in the
best interest of our clients and their employees. Therefore, we unfortunately,
are not in a position to disclose any details relating to therapy sessions
provided by our healthcare professionals. We refer the journalist to the PCD
College and relevant corporate related to this matter,” said Life Health
Solutions spokesperson [the organisation requested that comments only be
attributed to Life Health Solutions spokesperson].
Believing that their plight had fallen on deaf ears, in
June the Deaf students had recorded a video of themselves and posted it on
social media as a cry out for help to the public. The video was titled “we are
not happy at our job, we don’t have a voice,” and it was later removed in fear
of intimidation.
Following investigations against the College and media
reports, its staff wears bodycams and Cloete said the PCD College said, “The
staff has been fitted with bodycams for transparency purpose to assist the
College and serves as evidence should there arise any factual disputes.”
One of the PCD College staff members using a bodycam.
After
the Diary Series of Deaf People’s
media enquiry to Afrox, on 24 June, Afrox appointed an external company to conduct meetings
with its students. However, students with different disabilities, bemoaned that
their challenges were overlooked, as the hearing was only focussed on the
Deaf students and their plight. Further concerns were that the students were not certain whether
the investigations were indeed conducted by a firm appointed by Afrox. They
bemoaned that different people whom they believed were appointed by Afrox, had
met with them to listen to their concerns, but nothing would allegedly be done
afterward.
In a response to the media enquiry sent to Afrox prior
to the counselling sessions, spokesperson Nolundi Rawana said:
Rawana added, “We are committed to supporting the
communities where we live and work. As part of our Corporate Social
Responsibility efforts, we have initiated multiple programmes that have
empowered over 600 disadvantaged students with technical and vocational skills
over the past three years.”
Probed further Afrox Linde spokesperson in Germany, Anna
Davies said, “My colleague [Rawana] shared with you Afrox’s statement and we
will not be commenting further.”
Afrox had not responded to our follow-up enquiries
about the counselling sessions and latest developments on the matter at the time
of publishing. The story will be updated with Afrox’s comment.
Asked what has been done concerning Viviers, Cloete
said, “The college took the allegations very seriously and Mr Viviers attended
a disciplinary hearing with an external appointed chairperson. The employee had
the opportunity to state his case and defend himself against the allegations
made. After due process being followed, he was found to be not guilty.”
In reference to the fact that Viviers was not found
guilty, COSATU said, “That is suspicious. It looks like the school is covering
up.”
On 22 June, the
Gauteng Human Rights Commission’s (SAHRC) Provincial Manager, Zamantungwa Mbeki
said, “the matter has been reported to the South African Human Rights Commission
and it is under investigation.” On 24 June, the Diary Series of Deaf People, published
an article about these allegations.
Although, this publication, had afforded PCD College
the right of reply on all stories published and on new allegations that
continue to emerge from past and present students, on the same day that Afrox
held a meeting with its learners, 3 July, acting on behalf of PCD College, Cloete
sent a letter of demand to this journalist in which he said his client demanded
that all media enquiries be sent to him directly.
The letter sent to this publication, in which the SAHRC's CEO and the Commission’s investigator were copied,
Cloete said his clients’ demands should be complied pending “finalisation of
the written response requested” from this publication and “finalisation of the
investigation and reporting process of the SAHRC and our client internally.”
Cloete said failure to adhere to his client’s demands
would result in his client heading to the High Court in what he said was to “protect
the interests of our client and its students.”
This journalist has declined to meet the demand to not publish any further stories as it unduly infringes on the constitutional right that protects press freedom and the role that journalists play in this democratic country.
