I am a 41 year old qualified armature winder. Up and until my departure from the Republic of South Africa to Ghana in and during August 2009, I was employed as a manager and qualified armature winder at LH Marthinusen, an armature winder company in South Africa.

For the purposes of this article, and due to the nature of the legal proceedings that are to be instituted by myself in due course, the name of the company in Ghana that employed me cannot be disclosed at this stage, and the relevant party will accordingly be referred to in this article only as "the Company". The events and submissions made in this article will form the subject matter of such legal proceedings.

On my version of events, I was approached by an engineering manager employed at the Company with the intention of securing my services on an urgent basis. A verbal agreement of employment was concluded, and I was offered a permanent position with the Company in Ghana as a qualified armature winder. In addition to a monthly salary, the Company agreed to provide me with inter alia transport and fully furnished accommodation in Ghana. The engineering manager advised me that the Company would ensure that all the necessary residency documentation and working permits would be arranged by the Company, and that a written contract of employment would be finalised upon my arrival in Ghana.

After due consideration of the magnitude of the relocation to Ghana, I decided that a relocation to Ghana and to be employed by the Company would be a once in a lifetime opportunity, and for such purpose started making the necessary arrangements for my departure and relocation to Ghana. I resigned from my job and sold all my material possessions in South Africa. In addition and at the time, and to date of this article I was involved in a committed relationship with my partner. There were children involved and for purposes of the relocation to Ghana on a permanent basis, the children were removed from their schools in South Africa, my partner resigned from her employment in South Africa and leased out her property, which the bank has subsequently foreclosed on. Accordingly myself and my partner together with her children uprooted our lives in South Africa and departed to Ghana, with the intention and on the understanding that the relocation to Ghana and employment by the Company there would be permanent.

I arrived in Ghana on 17 August 2009, followed by my partner together with her children on 18 September 2009. Upon arrival in Ghana, we settled into a fully furnished house situated in the Company village. The children were enrolled in schools located in and around the Company village. This was a difficult adjustment, however they began to adapt to the surroundings and started to enjoy their new lives.

Immediately upon arrival in Ghana I commenced work for the Company as an Armature Winder, which entailed and included working on Sag Mill Motors. At all times prior to working on any motor, I required only the authorisation from the Plant Engineer on duty at the time. I was working night shift on 29 October 2009, when I was scheduled to work on a Sag Mill Motor ("the Motor"), more specifically to fit new carbon brushes on the Motor. I was scheduled to work on the Motor after a team of workers had first completed the skimming of the slip rings on the Motor. Thereafter I received authorisation from the Plant Engineer and commenced working on the Motor.

It was not my responsibility to ensure that the relevant safety protocols and lock out procedures had been complied with prior to working on the Motor, and I am not qualified to ensure that the safety protocols and procedures had been complied with prior to working on the Motor, such protocols and procedures falling within the Company's responsibilities. On the strength of the authorisation received from the Plant Engineer, however, I accepted that the safety protocols and lock out procedures had been complied with and the Motor was safe to work on.

I received authorisation to commence work on the Motor at approximately 02H00 in the morning of 30 October 2010. In breach of the safety protocols and lock out procedures, of which I have since become aware, the Motor was energized whilst Mr. Oosthuizen was working on it. I am unaware of the identity of the person responsible for energizing the Motor but it could only have been a Company employee authorized and qualified to energize the Motor, which I am confident should be ascertainable from the records kept by the Company, copies of which have not been provided by the Company. A report has been compiled by a qualified engineer into the cause of the incident, however a copy of the report cannot be made public at this stage due to the citation of the Company concerned, but will be made available in due course.

As a consequence of the Motor being energized I was electrocuted by a high voltage shock resulting in horrific and devastating injuries. I was treated at the Company Village Hospital, however due to the severity of my injuries sustained I was immediately flown back to South Africa for the specialised treatment required. I was admitted to the Netcare Union Hospital in Alberton, and have undergone numerous operations to try and salvage what is left of my left hand as a consequence of the electrocution, as well as to repair the damage caused to my right forearm where the current exited my body.

I have since the date of the electrocution spent in excess of eight weeks in hospital and undergone 11 operations to try and salvage what remains of my left hand. The index, ring and little fingers of the left hand have been amputated. The middle finger has been partially amputated and has stiffened to the extent that I have limited movement of the remainder of my middle finger. The thumb on my left hand has diminished opposition as well as limited movement with completely decreased movement of the wrist. In addition to the amputations I have suffered severe nerve damage and I am in constant and excruciating pain on a daily basis. A medico-legal report has been compiled by a plastic and reconstructive expert ("the Surgeon") and the conclusion is that the long term prognosis of the injury is poor, and despite significant surgery and rehabilitative treatment I will achieve no more than rudimentary function of my left hand. I have been irreparably incapacitated and will be unable to continue with my career as an armature winder. A copy of the medico-legal report cannot be made public at this stage for the reasons set out above. I attach to this article pictures taken of my left hand in its current condition, which provides the readers hereof with visual confirmation of the extent of the damage caused to my left hand.

The Surgeon has at this stage recommended further treatment, including further treatment by:
1. A Neurologist for treating the severe nerve damage;
2. An Occupational therapist for a pressure garment to try and help soften up the severe stiffness and contracture of the remainder of the middle finger; and
3. A Prosthetist who may be able to construct me an opposition arm.

I am struggling to come to terms with what has happened to me and will have to undergo months of rehabilitation and counselling to come to terms with my loss suffered and to adapt my lifestyle according to my now limited capacity. Accordingly, and in addition to any physiological treatment, I desperately require psychological treatment by a qualified psychologist and/or psychiatrist, who can assist me to come to terms with the emotional stress, anxiety and depression as a consequence of my disfigurement, irreparable damage and to adapt my lifestyle according to my now limited capacity. Unfortunately I have expended all possible resources to try and survive on a day to day basis and I am currently unable to afford any further medical treatment. As a result thereof my physiological and psychological well being is deteriorating on a daily basis.
Initially, the Company appointed a plastic and reconstructive surgeon in South Africa to attend to my medical treatment, and provided a blanket liability to the surgeon to make payment of the costs of the medical treatment that I required, however since date thereof the Company has limited its liability for payment of the costs of my medical treatment, which I submit will be intensive and ongoing, which has been has been communicated to the Company. The Company has confirmed that the limit for my medical treatment has been reached and the Company is refusing to pay for any further medical treatment that I require, and which is of utmost importance. This is despite desperate pleas to the Company to provide financial assistance to a man who is financially destitute and relying on the good graces of family and friends in an effort to survive, and who is in desperate need of further urgent medical treatment.

The Company has since the electrocution failed to pay my salary, despite demand and/or provide me with any financial assistance during this trying time. I have been left to fend for myself, despite the Company being fully aware of my inability to earn an income. The Company has outright denied that I was ever employed on a permanent basis or that the Company is in any way responsible for the accident, and refuses to accept any liability for the accident. I have been left destitute and stripped of my dignity. It is my submission that the Company has acted unreasonably and that their conduct is inhumane and disgraceful. In addition, a few weeks after arriving in South Africa, the Company notified me that the house in Ghana where we had been living had been packed up and all our possessions were sent back to South Africa. This was done without my consent or knowledge.

Based on the aforegoing, I have been left with no alternative but to seek legal assistance in order to enforce my rights against the Company, and I have retained the services of the law firm Andrew de Jongh Attorneys in Sandton ("the Attorneys"), who have agreed to provide legal assistance and advice on a contingency basis. This entails that the fees due and payable to the Attorneys will depend on the success of any legal action taken against the Company.

The Attorneys initially approached the matter by addressing numerous letters to the Company in an attempt to reach an amicable resolution to the matter, and ultimately obtain a reasonably acceptable financial settlement from the Company. The Company however persists with its denial of responsibility for the accident and refusal to accept any liability for the accident. The Attorneys have exhausted all possible avenues at negotiating an amicable resolution and have gone so far as addressing a letter personally to the CEO of the Company, as well as the Company's insurers, all of which have simply failed to respond.

The Attorneys have managed to secure the services of an Advocate who is also willing to provide his legal services on a contingency basis, and as such I have a legal team in South Africa ready and willing to assist me with the prosecution of a personal injury claim against the Company.

The problem faced, as advised by the Attorneys, is that in order to prosecute a personal injury claim against the Company, legal action against the Company will have to be instituted in Ghana. This will involve appointing a correspondent law firm in Ghana to assist with advice on Ghanaian Law and the legal process in Ghana, as well as to act as the Attorney's correspondent office in Ghana. The firms in Ghana charge in US Dollars and are not willing to assist on a contingency basis. Moreover, the charges of the legal firms in Ghana, in addition to being in US Dollars, are in any event extremely high.

Furthermore, and for purposes of quantifying my claim, I have been advised that there are further medico-legal reports that need to be completed by the medical practitioners and experts. These reports will allow the Attorneys to quantify past and future medical expenses and general damages for pain, suffering and disfigurement. Once all the medico-legal reports are finalised, an actuary will be appointed who will provide the Attorneys with an actuarial calculation quantifying my past and future loss of income.

The Attorneys will need to proceed by way of Summons against the Company, in Ghana, and once the Summons has been issued the details of the Company concerned will become public knowledge, however until such time this article will be updated regularly to keep the public informed and updated of the progression of the prosecution of my personal injury claim against the Company as well as my medical condition.
The purpose of this document is to plead with the public to assist me in any way you can with a view to prosecuting my claim against the Company. Any donation will be appreciated.

The Attorneys have opened a separate attorneys' trust account and all donations will be paid directly into the trust account, the details of which are as follows:

Account name: TJ Oosthuizen Trust Account
Bank: Standard Bank of South Africa Ltd
Branch code: 008 105
Account No: 281 049 009
All monies donated will be used solely to pay the medical practitioners to compile the medico-legal reports required, payment for urgent medical treatment required by myself as well as the cost of the correspondent law firm in Ghana and other necessary expenses and disbursements. The Attorneys will not make payment to any party concerned until being provided with a tax invoice for services rendered, and I will regularly update this article in regards to exactly where the funds generated are paid to. Any surplus funds will be donated to charities which donees are invited to nominate. Full accounting records of all deposits received into the Trust Account and how they are disbursed will be kept.
Should you have any further questions, or should you wish to verify any of the above matters, please do not hesitate to communicate with the Attorneys directly on (011) 784-4430 and talk to Mr. Walter Botes, alternatively by e-mail on walter@adjlaw.co.za .
Further you may communicate with me directly on myra.abreu@ymail.com .
Thank you for taking the time to read and consider my unfortunate situation that I have been left to deal with, and for your kind and generous donations to assist with my plight.

Kind regards,

The Oosthuizen Family