Johannesburg – The judgment on the Life Esidimeni inquest closes a painful chapter, the Gauteng provincial government said Wednesday.
Gauteng Premier Panyasa Lesufi said the provincial government fully accepted the judgment on the Life Esidimeni inquest handed down earlier Wednesday at the High Court in Pretoria.
The inquest sought to investigate the criminal liability for the deaths of 141 mental healthcare users from Life Esidimeni.
“We are pleased this process that brought so much pain and suffering to those who lost their loved ones, as well as the survivors whose human rights were grossly violated by this tragedy, is nearing its end,” Premier Lesufi said.
“This judgment closes a painful chapter, not only for the affected families but for us as the Gauteng provincial government.”
The judgment follows an arbitration process led by the retired deputy chief justice, Dikgang Moseneke, that was established in 2018 and culminated in an arbitration award for the victims of the tragedy.
In the award, Justice Moseneke gave the provincial government a list of 134 people who had to be paid following the arbitration process.
Premier Lesufi said all claimants were paid in full within the time that was stipulated by Justice Moseneke in his report.
The only payments that were still outstanding were for the survivors who were not part of the initial arbitration process.
The provincial government said it was currently administering these claims.
However, upon successful verification, the claimants would only receive 50 percent of the claims.
The other 50 percent would be held in trust on behalf of the mental healthcare user, which is in line with the Mental Healthcare Act 17 of 2002.
“As the Gauteng provincial government, we are confident that the National Prosecuting Authority (NPA) will take this judgment forward and we await the conclusion of this matter,” he said.
He added that following the Life Esidimeni tragedy the provincial government has made concerted efforts to ensure that the rights of mental healthcare users are promoted and always safeguarded.
“As part of ongoing measures to strengthen mental health care in Gauteng, the provincial government undertook to ensure that the five district Mental Review Boards (MHRBs) are functional and effective.
“The MHRBs are made up of 27 individuals with diverse expertise which include legal practitioners (attorneys and advocates), mental health care practitioners (doctors, psychiatric nurses, psychologists, and social workers), and community members with a proven record of community development and involvement.”
In response to the growing need for mental health services, the provincial government has prioritised the refurbishments and repurposing of some of its healthcare facilities to improve mental healthcare infrastructure and services across the province.
To date, several facilities have already been refurbished and opened to ensure enough acute mental health beds in hospitals and to increase mental health resources, including specialised professionals and rehabilitation services.
These facilities include Bertha Gxowa, South Rand, Tshwane District, Tembisa, Edenvale, Dr George Mukhari and Chris Hani Baragwanath Academic hospitals.
The newly opened Kopanong Gateway Specialised Mental Health Day clinic offers a basket of free services for mental health patients ranging from counselling, social work services, dual diagnosis services (serious mental illness and substance use disorders) as well as psychotherapy for adults, children, and adolescents.
“The provincial government sympathise with the bereaved and affected families and understands that the Life Esidimeni inquest was incredibly important for families to find closure and for accountability,” Premier Lesufi said.
AfriForum’s Private Prosecution Unit said it has taken note of the findings in the inquest, but would await a written judgment before deciding how to proceed.
Spokesperson, Barry Bateman, said it was understood that where Judge Mmonoa Teffo made findings against individuals, the matter would be referred back to the National Prosecuting Authority to reconsider whether to prosecute the case.
Teffo found that at least nine of the Life Esidimeni victims were negligently caused by the actions of Qedani Mahlangu, former Gauteng Health MEC, and Dr. Makgabo Manamela, head of the province’s mental health directorate.
“AfriForum’s Private Prosecution Unit represented Sandra de Villiers whose brother, Jaco Stols, died in 2016 during the Life Esidimeni tragedy,” said Bateman.
“Solidarity’s Helpende Hand, which represented families during the mediation hearings, briefed the unit to represent De Villiers.”
Stols was relocated to a facility, where he was believed to have starved to death.
Bateman said government officials failed to get permission from Stols’ next of kin to relocate him.
De Villiers was initially barred from visiting him at the new facility.
Stols was only taken to the hospital at De Villiers’ insistence after weighing 39kg, and by then it was too late to save him.
“The verdict is a small step towards the justice we have been seeking for so long. We are grateful that those in prominent positions who were directly responsible have been held accountable.
“The victims who could not help themselves died of dehydration, starvation, and neglect,” said René Roux, managing director of media at Solidarity Helpende Hand.
The spokesperson for the National Department of Health, Foster Mohale, said Health Minister Dr. Aaron Motsoaledi has noted the findings of the inquest and would respond after studying the judgment.
NPA Regional Spokesperson Lumka Mahanjana said: “The next step is that the office of the Director of Public Prosecutions will thoroughly study the judgment in order to make a determination on whether the NPA will institute prosecutions against the two individuals whom the court found can be held liable for the deaths”.
