Cape Town man wants SAHRC probe into fake HIV diagnosis nightmare
Mark Johannes, 56, has filed a complaint with the SA Human Rights Commission after being wrongly diagnosed as HIV-positive 25 years ago.
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A Cape Town man who says he was wrongly diagnosed as HIV-positive 25 years ago while living in George has lodged a formal complaint with the SA Human Rights Commission (SAHRC), claiming no one has ever been held accountable for the torment and devastation the diagnosis caused in his life.
Mark Johannes, 56, said his world fell apart after doctors told him in 2001 he was HIV-positive.
Believing he was facing a death sentence, the BMW car salesman lost his job, his family left him and he gave up on life because he thought he was going to “die anyway”.
“It was one setback after the other,” Johannes said.
He said it was the years of pain and suffering — coupled with learning just three weeks ago that no one could be held accountable after he believed for years his case was still under investigation — that finally pushed him to file a complaint with the SAHRC earlier this month.
"These people destroyed me," he said.
His diagnosis, Johannes told Cape Argus on Monday, came after he developed a severe skin condition and visited a dermatologist.
While there, he also asked to "quickly be tested" for HIV to check his status.
A few days later, the doctor phoned him with shocking news — the test had come back positive.
However, "to make triple sure", further tests were later conducted and Johannes said he was then informed he was HIV-negative.
Later that same year, while applying for a life insurance policy, Johannes underwent a third HIV test through his family doctor.
The samples were sent to PathCare Pathology — the same laboratory that had processed the first two tests — and the results again came back positive.
"It was like a seesaw, then I was positive, then negative and then again positive..."
But after all these years, Johannes said he was still searching for answers after the Health Professions Council of SA (HPCSA) found no medical negligence had been committed.
Feeling defeated and ignored, he took his fight to the SAHRC last Thursday.
Johannes is seeking condonation from the SAHRC because the events at the centre of his complaint happened nearly two decades ago, well outside the normal time period in which cases are usually brought forward.
In asking for condonation, he requested permission for the matter to continue to be investigated, arguing that he only recently obtained documents he believes are important to his case.
The commission then informed him that condonation was not necessary and that it would take on his case.
SAHRC commissioner Chris Nissen confirmed the commission had received the complaint.
The HPCSA’s Priscilla Sekhonyana told Cape Argus: “The matter was investigated and subsequently finalised by the HPCSA in 2007 at a preliminary inquiry meeting. The committee resolved that no breach of medical care could be established as the practitioner was communicating the results from the laboratory."
PathCare CEO JW Douglas said the company received a threatening letter from Johannes in April.
Douglas said it was the first communication they had received relating to the tests conducted in 2001.
“Please note due to POPIA we are unfortunately restricted in terms of what we can reply, which is a pity as a substantive reply would have placed us and yourself in the position where we can explain exactly what occurred,” Douglas said.