The National Prosecuting Authority (NPA) has reassured families of the Life Esidimeni victims and advocacy groups that it was “taking the case very seriously” eight years since the scandal blew.
The promises come after civil organisation Section 27 and bereaved family members, while handing over a memorandum at the NPA’s offices in Pretoria on Tuesday, demanded expedited justice and accountability for those implicated in the scandal.
They solely fingered Gauteng Health MEC, at the time, Qedani Mahlangu and former Gauteng director for mental health Dr Makgabo Manamela.
The embattled two were implicated and accused of negligence in the scandal that saw about 144 mentally ill patients dying.
“We want to assure the families as well as organisations representing the families of the victims that the NPA takes this matter very seriously and we are in the process of making a thorough, well-informed decision,” said NPA spokesperson Lumka Mahanjana.
Earlier this year, Judge Mmonoa Teffo’s inquest findings, which was recommended by the NPA at the time, implicated Mahlangu and Manamela in the deaths of 10 patients, stating: “Effectively, Mahlangu and Manamela created the circumstances in which the deaths were inevitable.”
The Star previously reported that, in the ruling, Teffo blamed the deaths of Virginia Machpelah, Deborah Phehla, Frans Dekker, Charity Ratsotso, Koketso Mogoerane, Terrence Chaba, Daniel Josiah, Matlakala Motsoahae, and Lucky Maseko on Mahlangu and Manamela. The 10th person was not named in the report.
However, the NPA broke its silence on Wednesday, almost four months since Teffo released the findings.
The Authority cautioned that the inquest outcome did not necessarily mean a trial-ready case, as additional investigations may be needed.
“It is important to note that the outcome of the inquest does not necessarily equate to a trial-ready case, as there may be additional criminal investigations that need to be conducted,” Mahanjana explained.
The NPA further acknowledged the tragedy as “the greatest cause of human rights violations” by the State and vowed to prioritise justice and closure for the families.
“We are in the process of making a thorough, well-informed decision... a decision would be taken and communicated,” Mahanjana concluded.
Mahlangu and Manamela’s phones were both off.
The Life Esidimeni disaster began in October 2015 when Mahlangu terminated the contract with Life Esidimeni, which at the time was a private healthcare provider caring for thousands of mental health patients.
Patients were transferred to unlicensed and ill-equipped NGOs almost a year later, resulting in widespread neglect, malnutrition, and avoidable deaths.
In January 2017, the Health Ombudsman’s report revealed that 144 patients had died during that period while the arbitration hearings concluded in March 2018.
Section 27 and the families are now demanding expedited prosecution proceedings against Mahlangu and Manamela and for the authorities to ensure comprehensive accountability, considering charges against additional culpable individuals and to provide regular legal updates to affected families.
“The NPA's failure to act promptly constitutes a violation of its constitutional duty.We trust the NPA will expedite justice and provide regular updates to respect the families’ right to know,” said one family representative.
In the memorandum, Section 27 wrote: “During this Mental Health Awareness Month, the Life Esidimeni families, advocates, and citizens stand united to demand justice. We trust the NPA will uphold its duty to the public and ensure that justice is served, including respecting the families’ request for regular updates.”
The Star
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