After eight years of waiting, the families of the 141 Life Esidimeni patients who died and the 44 who remain missing have finally come a step closer to getting justice for their loved ones.
Earlier today, former Gauteng Health MEC, Qedani Mahlangu and the former Head of the Mental Health Directorate, Dr Makgabo Manamela, were deemed responsible for the deaths of Virginia Machpelah, Deborah Phehla, Frans Dekker, Charity Ratsotso, Koketso Mogoerane, Terrence Chaba, Daniel Josiah, Matlakala Motsoahae, and Lucky Maseko, who were patients at the facility.
Pretoria High Court Judge, Mmonoa Teffo, delivered the findings of the inquest into the scandal, which was set up to determine whether there is enough evidence to prosecute the officials linked to the tragedy.
It is understood that the matter will be referred back to the NPA to consider whether to prosecute those found wanting.
Judge Teffo says Mahlangu and Manamela’s cost-cutting measures, which led to the patients being moved to questionable NGOs, made the deaths of the cited patients inevitable.
The case sent shockwaves across the country after 140 mental health patients died between 2016 and 2017 after they were transferred to the ill-equipped NGO facilities, where they were starved and tortured.
Judge Teffo says Mahlangu terminated the contract between the Life Esidimeni Care Centre and the Gauteng Department of Health despite being warned of the dangers by experts.
The judgment follows an arbitration process led by retired Deputy Chief Justice Dikgang Moseneke that was established in 2018.
Findings hailed
Non-profit organisation, Section27’s Public Interest Law Centre, which represented 44 of the mental healthcare patients, says while the ruling cannot restore lost lives and their dignity, the outcome is a bold statement in favour of accountability.
“For the families of mental healthcare users who died after being transferred from Life Esidimeni, and indeed for the many people who have watched as the different legal processes relating to this case have unfolded over the past nine years, it has been a long wait for justice and this outcome is an end in itself and a vital step on the path towards criminal accountability,” the organisation says.
ActionSA believes that the judgment leaves no ambiguity in that the circumstances of the deaths of all 144 patients were due to negligence from the Gauteng Department of Health.
“The conduct of implicated officials also underscores the urgent need to professionalise the civil service with skilled professionals,” adds the party.
It says one of the many key lessons that have been learnt from the tragedy is the need to urgently fast-track the implementation of rigorous quality assurance standards that focus on dignified patient care.
Life Healthcare Group, which is the second largest private hospital operator in South Africa, says it hopes that the families of the patients find solace and closure as they come to terms with the outcomes.
“The Esidimeni tragedy and today’s judgment should make us all reflect on how our healthcare stakeholders can work together to bring about systemic reform that prioritises the needs of the most vulnerable patients in our society.”
Gauteng Premier, Panyaza Lesufi, expressed confidence that the National Prosecuting Authority (NPA) will take this judgement forward.
“As part of ongoing measures to strengthen mental health care in Gauteng, the provincial government undertook to ensure that the 5 district Mental Review Boards (MHRBs) are functional and effective.”
