JOHANNESBURG - Proceedings against Health Minister Manto Tshabalala-Msimang and a Gauteng hospital were filed in the Vereeniging Equality Court yesterday after a chief professional nurse was barred from working in theatre because she refused to perform abortions for religious reasons.

Doctors for Life International (DFL), a global organisation that represents medical specialists and doctors, said it had gone to the Equality Court after months of writing letters to the Kopanong Hospital had produced no results.

DFL spokesman John Smyth said Sister Wilhelmien Charles had been barred from theatre work since May 2 this year when she returned from maternity leave.

"We've been writing to the hospital for several months but they do not give us the courtesy of a reply. Eventually we decided to institute legal proceedings."

Smyth said Charles, who had worked at the hospital since 1997, was a senior and experienced theatre nurse. She had refused to perform abortions because of her Christian beliefs.

"The hospital started performing abortions in 2000 and at that time a large number of staff sent a petition saying they did not want to do abortions. She is the only one being discriminated against."

Charles and DFL are demanding that she be allowed to return working in theatre, R50000 in damages and an unconditional apology. They also asked that Tshabalala-Msimang and the Gauteng Health Department refrain from unfair discriminatory practices on the grounds of religion, conscience or belief.

Smyth said the court would serve papers on the minister within the next seven days. He said the organisation was prepared to take the matter to the Constitutional Court if it had to.

"An immediate application to the court will be necessary unless the hospital consents to reinstating the sister pending the full hearing." Smyth said a psychologist had booked her off for two weeks because of the pressure the situation had placed her under.

A spokesman for the Gauteng Health Department, Popo Maja, said although he was unaware of the case nobody was forced to perform abortions.

"No one made any presentations to us about this incident. It is really a policy issue and we respect the individual's right to reject taking part in abortions. Nobody is forced to perform abortions." Maja said he would investigate the matter.

"The department respects people's right to make conscientious objections."

The Equality Courts were set up under the Promotion of Equality and Prevention of Unfair Discrimination Act 2000 and provide a fast track procedure for dealing with cases of this nature. - Sapa