Western Cape man files complaint after being wrongfully diagnosed with HIV

CAPE TOWN, WESTERN CAPE— Mark Johannes, 56, filed a formal complaint with the South African Human Rights Commission (SAHRC) following a 2001 HIV misdiagnosis that he says destroyed his life. Johannes, a former successful BMW car salesman from George in the Western Cape, claims that the incorrect diagnosis led to the loss of his job, his family leaving him, and severe psychological distress, including contemplating suicide.

According to IOL, Johannes submitted his complaint in May 2026 after receiving a final decision from the Health Professions Council of South Africa (HPCSA), which concluded no medical negligence occurred. Johannes alleged that Dr Chris van Niekerk and PathCare Pathology were involved in a cover-up and withheld vital documentation for two decades.

SAHRC investigates HIV misdiagnosis complaint

Johannes spent four years believing he was HIV-positive before a doctor informed him he was negative, describing it as "spontaneous healing." However, a subsequent insurance test processed by PathCare came back positive again, causing years of emotional turmoil. Johannes sought condonation from the SAHRC due to the time elapsed, but the commission, which recently addressed allegations of hospital overcrowding, confirmed it would investigate the matter without requiring condonation, as the HPCSA communication was recent.

Read also

Ballistics report errors lead to postponement in Armand Swart murder case

The HPCSA stated that the matter was finalised in 2007, resolving that no breach of care was established because the practitioner merely communicated the laboratory results. PathCare CEO JW Douglas stated that the HPCSA previously dismissed the complaint as lacking merit. Douglas added that PathCare is restricted by POPIA but denied any wrongdoing by the laboratory or clinicians.

SA HIV trials hailed as groundbreaking

In a related article, Briefly News reported that the University of KwaZulu-Natal made strides in the search for an HIV cure after launching trials. The trials took place in Durban.

Source: Briefly News