Dear Editor
The Democratic Alliance has written to the Chairperson of the Portfolio Committee on Justice and Constitutional Development, requesting that the National Prosecuting Authority appear before the committee. The NPA must explain why it is considering prosecution for only two out of the 144 deaths in the Life Esidimeni tragedy.
In 2015, the Gauteng Department of Health terminated its contract with Life Esidimeni, a specialised long-term psychiatric hospital as part of austerity measures employed by the ANC Gauteng Government.
2 000 patients were transferred to unlicensed and ill-equipped Non-Governmental Organisations (NGOs) despite warnings and advice from experts, families of patients and civil society. Patients died in horrific and inhumane circumstances because these NGOs were incapable of caring for them. Many of the survivors were tortured, abused and starved. To date, 10 years later, there have been no prosecutions.
The NPA announced recently that it had received a legal opinion that the implicated government officials, then Gauteng Department of Health MEC Qedani Mahlangu and then Gauteng Mental Health Director Makgabo Manamela could only be prosecuted for 2 of the 144 deaths.
In February 2017 the Health Ombud found that officials at the Gauteng Department of Health and implicated NGOs violated the constitution and that most of the deaths were not the result of natural causes.
In June 2017, during an alternative dispute resolution process between victims’ families and the department, Judge Dikgang Moseneke found a direct contravention of the Constitution, National Health Act and Mental Healthcare Act by the Department.
In July 2018 Judge MJ Teffo presided over an inquest into 46 of the deaths. Judge Teffo found that the evidence presented by the NPA only implicated Mahlangu and Manamela in 9 of the deaths.
Clearly, the NPA must explain what on the face of it, is a gross miscarriage of justice. 144 mentally ill patients lost their lives and 44 are still missing; yet the NPA is suggesting that only two of these deaths warrant prosecution. This is a slap in the face of the families who have spent almost a decade seeking answers.
Victims’ families deserve justice, and those responsible for this tragedy must be held accountable. Countless statutory contraventions must apply to numerous individuals. We will not allow officials with blood on their hands to get away with these horrors due to what appears to be a lack of appetite to see this through by the NPA.
Regards
Adv. Glynnis Breytenbach MP
DA Spokesperson on Justice and Constitutional Development