The Pretoria High Court has sentenced former midwife Yolande Maritz Fouchee (48), of Murrayfield east of Pretoria, to an effective 23 years’ direct imprisonment for a series of crimes committed against pregnant women and their babies.
Fouchee, the owner of You and Me Midwife-led Maternity Care, was convicted on multiple charges including assault, assault involving a legal duty, culpable homicide, fraud, and employing an unqualified person.
Presiding Judge Papi Mosopa handed down the following sentences:
Five years’ imprisonment on six counts of assault;
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’ imprisonment for fraud; and
Twelve months’ direct imprisonment for employing an unqualified person.
Several of the sentences were ordered to run concurrently, resulting in an effective sentence of 23 years’ direct imprisonment.
The National Prosecuting Authority (NPA) welcomed the sentence, describing it as a significant step towards justice for the victims and their families.
The court heard that between 2019 and 2020, Fouchee provided antenatal care and assisted women during childbirth at her Murrayfield practice. During this period, she allegedly failed to identify and appropriately respond to pregnancy complications, neglecting to refer patients to specialist medical practitioners when necessary.
Despite assuring patients that she was capable of handling normal and low-risk births, evidence presented in court revealed that she administered water mixed with Cytotec or Oxytocin to induce and accelerate labour without the knowledge or consent of expectant mothers.
State Prosecutor Advocate Jennifer Cronje told the court that one victim’s labour was induced on 3 April 2019. Although she later gave birth, her baby, Noah Von Kloeg, died nine days later as a result of complications that had been overlooked by Fouchee.
In 2020, victims reported Fouchee to the South African Nursing Council and opened criminal cases at South African Police Service. Following a police investigation, she was arrested at her residence on 24 June 2024.
Throughout the trial, Fouchee pleaded not guilty and denied all allegations. However, the State presented testimony from her daughter, several victims, and expert witnesses including Priya Soma-Pillay and Izelle Smuts. The experts compiled detailed medical reports on antenatal care, labour and delivery procedures, and neonatal emergency care, helping the State prove its case beyond reasonable doubt.
During sentencing, the defence requested correctional supervision, citing Fouchee’s status as a first-time offender and her unemployment. Advocate Cronje opposed the request, arguing that Fouchee had shown no remorse and continued to deny responsibility for her actions.
The State further argued that Fouchee had deprived baby Noah Von Kloeg of his constitutional right to life and caused lasting harm to other children who continue to suffer health complications because of her conduct.
The prosecution also submitted seven victim impact statements facilitated by court preparation officers Lebogang Lebese, Louann Shuttleworth and Ennie Mudau. The statements detailed the emotional, financial and relational trauma suffered by the victims and their families.
In delivering judgment, Judge Mosopa agreed with the State’s submission that Fouchee had shown no remorse throughout the proceedings. The court found that she had acted negligently by failing to refer patients for specialised medical intervention when required.
The judge emphasised that every person has a constitutional right to life and that Fouchee had no right to place the lives of mothers and their children at risk.
NPA spokesperson Lumka Mahanjana said the sentence sends a strong message that crimes against women and children will not be tolerated.
“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.
