FORMER MIDWIFE SENTENCED TO 23 YEARS’ DIRECT IMPRISONMENT FOR CRIMES AGAINST PREGNANT WOMEN
SENTENCE CONFIRMED BY PRETORIA HIGH COURT
The National Prosecuting Authority (NPA) welcomes the sentence of 23 years’ direct imprisonment handed down by the Pretoria High Court to former midwife and owner of You and Me Midwife-led Maternity Care, Yolande Maritz Fouchee (48) of Murrayfield.
CHARGES AND SENTENCING DETAILS
Lumka Mahanjana
NPA Regional Spokesperson
Gauteng Division: Pretoria said Fouchee was sentenced on multiple charges, including assault, assault involving a legal duty, culpable homicide, fraud, and the employment of an unqualified person. The court imposed the following sentence:
Five years’ imprisonment on six counts of assault; Twenty-five 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 twelve months’ direct imprisonment for employing an unqualified person. The court ordered several of the sentences to run concurrently, resulting in an effective sentence of 23 years’ direct imprisonment.
EVENTS BETWEEN 2019 AND 2020
Between 2019 and 2020, Fouchee would administer functions as a midwife, such as running pregnancy check-ups for pregnant women and assisting them to give birth at Fouchee’s practice in Murrayfield. During the pregnancy and birthing process of those women, 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 woman that she is capable of performing normal to low-risk birthing. During the birthing process, Fouchee would offer the pregnant mothers water mixed with Cytotec or Oxytocin in order to induce and augment their labour without their knowledge. On 03 April 2019, one of the victims’ labour was induced. She gave birth, and 9 days later her baby died due to the complications overlooked by Fouchee. In 2020, Fouchee was reported to the South African Nursing Council by the victims, and criminal cases against her were opened at Silverton police station. After an investigation by the police, Fouchee was arrested on 24 June 2024 at her place of residence.
TRIAL PROCEEDINGS AND STATE EVIDENCE
During trial proceedings, Fouchee pleaded not guilty to the charges preferred against her and denied committing the offences. However, the State Prosecutor, Adv Jennifer Cronje, presented compelling evidence by Fouchee’s daughter, the victims, and Professor Priya Soma-Pillay, as well as Professor Izelle Smuts, both experts from Steve Biko Academic Hospital, who compiled detailed medical reports about ante-natal care, labour and delivery, as well as neonatal emergency care, which proved the state’s case beyond a reasonable doubt.
During sentencing proceedings, the defence requested that the court impose correctional supervision on the basis that Fouchee was a first offender and unemployed. However, Advocate Cronje 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.
IMPACT ON VICTIMS AND COURT FINDINGS
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. 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.
In delivering judgment, Judge Papi Mosopa agreed with the State that Fouchee showed no remorse throughout the proceedings. The court 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.
NPA STATEMENT
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.
