NPA to consider prosecuting Mahlangu, Manamela over Esidimeni tragedy

The National Prosecuting Authority (NPA) said it is studying the Life Esidimeni inquest judgment before deciding on a way forward, which may include the prosecution of those responsible for the tragedy.

After an eight-year battle, the Gauteng High Court in Pretoria on Wednesday ruled that some of the deaths at Life Esidimeni were due to negligence on the part of the province’s former Health MEC, Qedani Mahlangu.

The judgment followed a lengthy inquest into the deaths of the 144 mentally ill patients in Gauteng between 2015 and 2016.

ALSO READ: Former Health MEC Qedani Mahlangu responsible for Life Esidimeni, court rules

Prosecution

Judge Mmonoa Teffo ruled that Mahlangu and former director of Gauteng’s mental health services, Dr Makgabo Manamela, were responsible for the deaths of nine patients.

NPA regional spokesperson Lumka Mahanjana said they have taken note of the judgment.

“The NPA is committed to ensuring accountability for any crimes committed in relation to this national tragedy. The Director of Public Prosecutions (DPP), Pretoria will study the judgment to determine whether the NPA will institute criminal prosecutions against the two individuals whom the court found can be held liable for the deaths.

“If there is relevant and admissible evidence to charge the persons found by the court to be liable for the deaths, the NPA will not hesitate to take the matter to a criminal trial. It should be noted that an inquest does not necessarily equate to a trial-ready case as there may be additional criminal investigations that need to be conducted,” Mahanjana said.

Priority

Mahanjana said the NPA will prioritse the matter, together with the South African Police Services (SAPS) to ensure that any outstanding investigations are expedited so that the DPP can make a decision.

A total of 144 mental health patients died in 2016 after they were transferred to ill-prepared nongovernmental organisations (NGOs) from private health care provider Life Esidimeni.

ALSO READ: Esidimeni tragedy: Families hope prosecutions will follow