Mother finds closure as midwife Yolande Maritz Fouchee sentenced to 23 years

Clutching a toy bear containing her infant son’s ashes, a mother cried bitterly as Pretoria East midwife Yolande Maritz Fouchee was sentenced on Thursday to an effective 23-year prison sentence.

Alysia von Kloeg, whose son Noah was born in April 2019 at Fouchee’s You&Me birthing centre and later died at the Steve Biko Academic Hospital, after the sentencing said she had tears of joy and relief.

It was an emotional moment in the Gauteng High Court, Pretoria, as Judge Papi Mosopa delivered his judgment, with several people in the public gallery clapping their hands as he delivered his verdict.

Fouchee, who mostly during her lengthy trial sat with a slight smile on her face, froze upon hearing her fate, and she stared for several seconds ahead of her before making her way down to the holding cells.

Several mothers whose children suffered fates varying from death to being disabled after they were born at Fouchee’s clinic hugged each other in tears. Two mothers whose babies also allegedly suffered during Fouchee’s care thanked prosecutor Jeniffer Cronje afterwards for bringing Fouchee to justice. These two mothers opted not to bring charges against Fouchee as they were not prepared to face the further trauma of a trial.

Between 2019 and 2020, Fouchee administered functions as a midwife, such as running pregnancy check-ups for pregnant women and assisting them to give birth at her practice in Murrayfield.

During the pregnancy and birthing process of those women, Fouchee overlooked pregnancy complications regarding her patients and did not refer them to the appropriate specialists. She told the pregnant women that she was 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. Throughout her trial, Fouchee maintained her innocence and assured the court her services were nothing but professional.

But Judge Mosopa, who sat with an assessor who is a medical doctor, rejected this. He also pointed out that Fouchee showed no remorse for what she had done. He sentenced her on each of the 14 counts on which she was convicted, which ran into a total of 66 years imprisonment. He, however, ordered that she had to effectively serve 23 years.

Fouchee’s negligent actions caused the death of the Von Kloeg baby, for which she was convicted of culpable homicide and led to three other babies being born with cerebral palsy. Although another baby also died, she could not be charged with culpable homicide as the baby was stillborn.

Alysia von Kloeg, following the sentencing procedures, explained that the toy bear she was holding is called Noah, portraying her son who would have turned seven last month. A small glass bottle containing Noah’s ashes is clutched between the bear’s feet.

“It is just right that Noah is also here today to see that justice has been served. He saw her going to jail".  Von Kloeg added that she is grateful for the 23-year sentence. “I feel it is perfect. I have forgiven her for what she had done, although I know she will never say she is sorry. But I cannot walk around with hate in my heart. I forgive her for myself".

The court meanwhile heard that the parents of baby Sophia, who suffers from cerebral palsy following birth complications at the hands of Fouchee, moved to America as they could no longer afford her medical bills in South Africa. They described their tragic circumstances in a presentencing report to the court. Added to this was a message from Sophia’s small brother, who questioned why his sister cannot play with him.

zelda.venter@inl.co.za