Judge Teffo handed down her judgment in the Life Esidimeni inquest on July 10.
In a statement issued on the same day by the National Prosecuting Authority’s (NPA) regional spokesperson for the Gauteng division, Lumka Mahanjana, the judge found the former Gauteng Health MEC Qedani Mahlangu and former Gauteng Mental Health head Dr Makgabo Manamela liable for the death of eight patients.
Mahanjana added no one can, however, be held liable for the death of the other 133 patients.
• Also read: Life Esidimeni inquest postponed again
The inquest hearing started on July 19, 2021, before Teffo and 40 witnesses were called to testify including Mahlangu, Manamela, the former Gauteng Premier David Makhura and the former Gauteng Finance MEC Barbara Creecy.
“The next step is that the office of the Director of Public Prosecutions (DPP) will thoroughly study the judgment to determine whether the NPA will institute prosecutions against the two individuals whom the court found can be held liable for the deaths,” said Mahanjana.
Mahanjana further stated 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. The NPA will prioritise this matter, together with the police to ensure that any outstanding investigations are expedited so that the DPP can make a decision.”
On July 12, Jack Bloom, a DA member of parliament and Gauteng Shadow Health MEC said this is too limited as other health department officials were implicated in the maltreatment of the Esidimeni patients, as well as those in charge of the NGOs where the deaths occurred.
• Also read: Life Esidimeni saga: ‘It’s a continuing nightmare’
He noted charges should also be considered against Makhura who ‘unconvincingly claimed he did not know Esidimeni patients were being sent to NGOs’, and who was implicated by Mahlangu in the decision to terminate the Esidimeni contract.
Further, he mentioned in addition to culpable homicide charges there should also be prosecutions for contraventions of the Mental Health Care Act and the National Health Act (NHA).
“The decision to terminate the Life Esidimeni contract is surely a breach of the NHA?” Bloom asked.
Bloom added fraud charges should be brought against the irregular registration of non-compliant NGOs.
“It has been eight long years since the first deaths of Esidimeni patients. Measures should be taken to expedite the charges and court procedures, so justice is finally served on all those guilty of the deaths of 144 people and the suffering of hundreds of others in this tragedy,” he said.
To read the NHA, follow this link.
