DISTURBING information surfaced last week indicating that at least 80% of state nurses in the northern KZN region fail to co-operate with Road Traffic Inspectorate (RTI) and municipal traffic officials in taking blood samples of drunk drivers.
This seriously compromises efforts to charge drunk drivers and limit the alarming incidences of motorists driving under the influence.
Two reliable sources, who spoke to the Zululand Observer on condition of anonymity, raised serious concerns about the issue, especially at this time ahead of the upcoming festive season.
According to reports the matter was raised with nursing management at one specific hospital where nurses refused outright to take blood samples, claiming that it was not their job to do so.
The hospital is known to the ZO, but cannot be identified at this stage as the KZN Department of Health is investigating the allegations.
Section 37 of the Criminal Law and Procedure Act makes provision for the sampling of blood without the consent of drunk drivers.
According to the Act, a law enforcement officer may instruct a doctor or nurse to collect the necessary samples.
One of the sources told the ZO this issue arises at accident scenes or random pullovers, as opposed to planned roadblocks, where a nurse is usually stationed to draw blood of suspected drunk drivers immediately.
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‘Problems arise when traffic officials pull over a motorist when they have reason to believe he or she is driving under the influence, or at accident scenes where alcohol abuse is suspected to be involved.
These situations are unforeseen and cannot be planned for.’
If a breathaliser test indicates a blood test is warranted, the driver is detained and taken to the nearest state hospital where a registered doctor or nurse should take a blood sample within two hours after the breathaliser test.
The sources revealed a number of reasons were given as to why nurses refused to take blood samples.
‘Some nurses said they fear taking a blood sample from drunk drivers as they are victimised and threatened.
‘Others indicated they have an issue when traffic or RTI officials arrive with drunk driver suspects and they are expected to drop other important tasks to comply.
‘Whatever the case may be, this is an issue that needs to be resolved as a matter of urgency, the source said.
‘The departments of Transport and Health are meant to work together in this regard.’
Empangeni attorney Yolanda Gielink of Gielink Attorneys, said the Department of Transport became aware of the issue some six years ago when the Western Cape High Court in 2011 ruled that the results of breathaliser tests could not be relied on.
‘This gave DoT ample time to establish special mobile clinics to attend to taking blood samples.
‘ It has not. Instead, the added duties of taking blood samples were effectively shifted to the nursing staff of State hospitals.
‘It may sound harsh, but the pressures under which traffic officials are to perform their duties is not the nursing staff’s problem.
‘Nurses and sisters have their duties and so do traffic officers. The Department of Health and Department of Transport should have talked back in 2011 to come up with a solution,’ Gielink said.
In 2015 the World Health Organisation (WHO) revealed that South Africa had the highest percentage of road accident deaths involving alcohol abuse in the world.
The research showed that 58% of road accident deaths in SA involved drunken drivers.
This was almost twice the percentage of Canada which was in second spot with 34%.
KZN Department of Health spokesperson Agiza Hlongwane, told the ZO his department would respond to the allegations in due course.
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