Esidimeni tragedy: Families hope prosecutions will follow

Now that the High Court in Pretoria has found former Gauteng health MEC Qedani Mahlangu and mental health director Dr Makgabo Manamela responsible for the deaths of some of the people in the Life Esidimeni health care scandal, activists are hoping that prosecutions will follow.

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.

Sasha Stevenson, director of advocacy group Section27, said alth0ugh there has not been a governmental response to the tragedy, the court inquest finding was a critical step in holding the relevant people accountable.

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“The inquest has been a very important step in the fight for justice. Following the judgment, we hope the National Prosecuting Authority (NPA) will decide to prosecute the individuals responsible for the deaths of the people, many of whom were mental health care patients,” she said.

“The families of the deceased have emphasised the importance of criminal accountability, expressing their long-awaited expectation for justice. We anticipate that this accountability process will set a precedent for all public officials, demonstrating that they will be held responsible for their actions.”

Researcher says state failed patients

A researcher, Nomathamsanqa Masiko-Mpaka, said the state had failed the mental health patients and violated their human rights.

“Human rights were trampled on and disregarded including the right to health; freedom from torture, cruel, inhuman or degrading treatment or punishment; life and dignity, resulting in a great injustice to society’s most vulnerable.

“We welcome the [verdict] as this is a day that has long been coming. The families of victims who lost their lives and others who survived have waited eight long years for justice,” she said.

She said the NPA had the sole decision on whether to prosecute following the judgment.

Judge Mmonoa Teffo found that Mahlangu and Manamela had negligently caused the deaths of nine of the patients.

“The conduct of Qedani Mahlangu and Dr Manamela led to the termination of the contract between Life Esidimeni care centre and the Gauteng health department, despite numerous expert advisories and warnings from mental health professionals and stakeholders,” she said.

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“The deceased were moved out of the Life Esidimeni facilities to NGOs which were unequipped and inexperienced in providing the requisite mental health care.”

Teffo said Mahlangu’s conduct had led to the “regrettable and unfortunate” deaths, some of which could have been avoided.

“She could have saved many lives as she visited the various NGOs and saw that they were not adequately equipped. They created circumstances in which the deaths were inevitable,” she said.

Suzen Phoshoko’s nephew, Terrance Chaba, who suffered from epilepsy and cerebral palsy, died in a Pretoria hospital, his body riddled with bedsores.

She said the finding was one step in a lengthy process that still awaited the families.

Families relieved

“We have known that the Life Esidimeni tragedy was as a result of neglect and could have been prevented. Today, we are relieved, although it is only for the nine deaths, but this is what we wanted as the families. This has given us some peace, knowing that we did everything to fight,” she said.

Phoshoko said the judgment would restore accountability.

“We have created a photo album with every moment, not knowing that it would end like this. My anguish is that while they were discussing the closure of Life Esidimeni, they should have phoned the families and given us the option to take them in, but none of that was done.

“They robbed us of that opportunity because we would have taken him in. We found out about his death on the news, a month after he died in August.

“I still remember his name being the third name on the screen,” said an emotional Phoshoko.