Victim impact statements and expert medical evidence played a central role in securing a lengthy prison sentence against the delicensed midwife.

A former Gauteng midwife was sentenced on Thursday to 23 years’ direct imprisonment for multiple crimes committed against her pregnant clients.

The Gauteng High Court in Pretoria convicted Yolande Maritz Fouchee, owner of You and Me Midwife-led Maternity Care, on charges of assault, assault involving a legal duty, culpable homicide, fraud, and the employment of an unqualified person.

Unsafe practices exposed

According to the National Prosecuting Authority (NPA), the 48-year-old committed these crimes between 2019 and 2020 while running pregnancy check-ups and assisting with the birthing process.

NPA regional spokesperson Lumka Mahanjana said the Fouchee would overlook pregnancy complications in respect of her patients and not refer them to the appropriate specialists.

“Fouchee would also say to the pregnant women that she is capable of performing normal to low-risk birthing,” Mahanjana said.

The Murrayfield resident also offered the pregnant women water mixed with medication such as Cytotec or oxytocin in order to induce and augment their labour without their knowledge.

Mahanjana said one client gave birth on 3 April 2019 after her labour was induced, and the baby died nine days later due to the complications Fouchee overlooked.

Victims and experts strengthen the state’s case

Her victims reported her to the South African Nursing Council and opened criminal cases against her at Silverton Police Station.

Following an investigation, police arrested Fouchee on 24 June 2024 at her home.

The de-licensed midwife pleaded not guilty to the charges during the trial and denied committing the offences.

However, state prosecutor advocate Jennifer Cronje presented compelling evidence from Fouchee’s daughter, the victims, and experts from Steve Biko Academic Hospital, Professor Priya Soma-Pillay, and Professor Izelle Smuts, Mahanjana said.

The professors compiled detailed medical reports about antenatal care, labour and delivery, and neonatal emergency care, proving the state’s case beyond a reasonable doubt.

Court rejects plea for correctional supervision

During sentencing proceedings, Fouchee’s lawyers requested that the court impose correctional supervision because Fouchee was a first offender and unemployed.

Cronje, however, argued that the accused had shown no remorse, as she continued to deny responsibility and demonstrated no insight into the harm caused to the victims and their families.

“The state further argued that Fouchee deprived baby Noah Von Kloeg of his right to life and caused lasting harm to other children who continue to suffer health complications because of her conduct,” Mahanjana said.

“Advocate Cronje also submitted seven victim impact statements facilitated by court preparation officers Lebogang Lebese, Louann Shuttleworth, and Ennie Mudau. The statements detailed the severe emotional, financial, and relational impact the incidents had on the victims and their families.”

Delivering the judgement, Judge Papi Mosopa agreed that Fouchee showed no remorse throughout the proceedings.

Mosopa further found that she acted negligently by failing to refer patients for specialised medical intervention when it became necessary.

“The judge emphasised that everyone has a constitutional right to life and that Fouchee had no right to endanger the lives of her patients and their children,” Mahanjana said.

Sentencing

The court imposed the following sentence:

• Five years’ imprisonment on six counts of assault;
• 25 years’ imprisonment on each count of assault involving a legal duty;
• Eight years’ direct imprisonment for the culpable homicide of nine-day-old Noah Von Kloeg;
• Two years’ direct imprisonment for fraud; and
• 12 months’ direct imprisonment for employing an unqualified person.

Mosopa ordered several of the sentences to run concurrently, resulting in an effective sentence of 23 years.

“The NPA reaffirms its unwavering commitment to combating crimes against women and children. This sentence not only brings a measure of justice and closure to the affected families but also reinforces the principle that no one is above the law,” Mahanjana said.