Will the NPA charge the former MEC in connection with the Life Esidimeni deaths?

The Director of Public Prosecutions‘ office acknowledges the judgment delivered by the Gauteng High Court in Pretoria regarding the Life Esidimeni inquest. Does this mean former Health MEC Qedani Mahlangu will be prosecuted? 

In the judgment, Gauteng High Court in Pretoria Judge Mmonoa Teffo found that Mahlangu and the former Gauteng mental health head Dr Makgabo Manamela can be held liable for the death of nine patients. The judge also found that no one can be held liable for the other 133 patients who died.

BACKGROUND ON THE LIFE ESIDIMENI TRAGEDY

In 2016 about 1 500 mental patients were moved to unlicensed NGOs that failed to provide proper care and as a result 144 patients died. This came after the Gauteng Department of Health decided to terminate a 30-year contract with Life Esidimeni Healthcare Centre in October 2015.

Patients were reportedly hurriedly transferred to ill-equipped and often unlicensed NGOs in what was known as the Gauteng Mental Health Marathon Project. In addition, due process was not followed, and the move was rushed owing to political pressure.

In some instances, officials knew that the NGOs were not ready for patients. Plans went ahead despite warnings from various sectors of society, concerned family members and health officials. 

Many licences for the marathon project were unlawfully revised and backdated, and inspections were not conducted. A number of NGOs did not even have good security or enough medication, food and beds.

On Wednesday, Teffo said that having heard all the evidence in this inquest she has come to the conclusion that the death of the deceased where due to negligence caused by the conduct of Mahlangu and Manamela.

NPA NOTES JUDGMENT

National Prosecuting Authority (NPA) Gauteng spokesperson Lumka Mahanjana said this judgment comes two years after the inquest hearing started on 19 July 2021, during which 40 witnesses were called to testify. Some of those witnesses include MEC Qedani Mahlangu, Dr Makgabo Manamela, the former Gauteng Premier David Makhura, and the former Gauteng Finance MEC Barbara Creecy.

“The next step is that the office of the DPP will thoroughly study the judgment to determine whether the NPA will institute prosecutions against the two individuals whom the court found can be held liable for the deaths,” Mahanjana said.

LESUFI ACCEPTS JUDGMENT HANDED DOWN

Gauteng Premier Panyaza Lesufi he is pleased that the process that brought so much pain and suffering to those who lost their loved ones, and the survivors those whose human rights were grossly violated is nearing the end.

“This judgment closes a painful chapter, not only for the affected families but for us as the Gauteng provincial government. We are confident that the National Prosecuting Authority will take this judgment forward and we await the conclusion of this matter,” Lesufi said.