Wheels of justice for Life Esidimeni families grind to another halt

The long-anticipated Life Esidimeni inquest has been postponed for another month.

This is the second time the inquest – set to probe the deaths of more than 140 mental patients who died after being moved from Life Esidimeni – has been pushed back since it got under way on 19 July.

Five days and two witnesses in, proceedings were forced to a grinding halt after issues regarding the legal representation – or lack thereof – of some of the witnesses came to the fore. They were scheduled to resume on Monday morning but again were put on ice.

This on the back of an application from the legal team of former mental health care director for Gauteng, Dr Makgabo Manamela.

The inquest is now due back before the court on 30 August.

Manamela was previously represented by advocate Tebogo Hutamo, but advocate Russel Sibara has recently taken over her case and argued he needed more time to prepare.

During his submissions, he also took issue with the opening address of advocate Adila Hassim, who is representing Section27 and the families of the victims, and specifically with her reliance on the findings of the 2018 arbitration proceedings chaired by retired Deputy Chief Justice Dikgang Moseneke.

Sibara argued at the time of Hassim’s address that the record of those proceedings had not yet been admitted as evidence.

“Which in our view, we submit, poisoned the mind of this court.”

He indicated they would challenge the admissibility of the report Initially, all the other parties yesterday indicated they
were ready to proceed. But after Sibara’s address, a number changed their tune. Others still maintained their readiness, but voiced their support for a postponement regardless.

Evidence leader advocate Pieter Luyt argued against an adjournment, as did Hassim.

When it came to Sibara’s submissions regarding the opening addresses, Luyt described these as an insult to the court.

“The opening addresses were what they were: opening addresses. They were not evidence. I think it’s an insult to your ladyship to suggest your ladyship is being poisoned,” he said.

“Your ladyship is perfectly capable to distinguish between an opening address and evidence.”

Hassim, meanwhile, urged the court to consider the rights and interests of the families of the victims, saying: “The never-ending delays are prejudicial to them.”

But Judge Mmonoa Teffo, who is presiding over the inquest, found it was in the interests of justice to grant a postponement.

– bernadettew@citizen.co.za