Former chief-justice Dikgang Moseneke has ordered the Gauteng Health Department pay R1,2million to the families who have suffered during the Life Esidimeni tragedy.
Moseneke released a scathing judgement on 19 March following a lengthy arbitration hearing. He found that the decision by the department to end the contract with Life Esidimeni was irrational and unconstitutional.
The government has been ordered to pay R20 000 for funeral costs for each claimant, R180 000 to each claimant for general damages for shock and psychological trauma and an additional R1 million for additional relief.
I hope our delinquent government principals will not try to take Justice Moseneke's #LifeEsidimeni reparations award on judicial review. Just have the decency & pay. pic.twitter.com/JHr0YJ3TUO
— Bra Hloni (@HonourableHloni) March 19, 2018
In respect for each of the 144 people who lost their lives during the ill-fated move from Life Esidimeni homes to unequipped and underfunded NGO’s, Moseneke read out each of their names.
Thank you Justice Moseneke‼️
Although the amounts will not bring families back, it'll go a long way!
NPA must do their job ASAP! pic.twitter.com/u46UJOWzrz
— Tumi Sole (@tumisole) March 19, 2018
“In the evidence before me, [Qedani] Mahlangu was adamant that the decision to terminate the contract was taken by a collective,” said Moseneke.
“In contrast, Dr [Barney] Selebano claimed that he signed the notice ending the contract because he feared his political principal.”
The termination of the contract saw 1 711 patients being moved from Life Esidimeni homes. Moseneke said these people had been moved despite protestations from family members, civil society, professional bodies and clinicians. They had pleaded with the department to devise an alternative plan which met the needs of the mental health care users.
“Mahlangu, Selebano and former head of mental health directorate, Dr Makgabo Manamela obstinately went ahead with mass removals without involvement with or consent of healthcare professionals.”
The first patient to die was Deborah Petla who was found with brown paper and plastic in her stomach. #LifeEsidimeni
— Gugulethu Mhlungu (@GugsM) March 19, 2018
Moseneke declined to issue orders to the police regarding criminal charges. “The Saps has a full record of these proceedings and must do their work without recommendations from me.”
Moseneke concluded by stating that he would be donating his fee from the arbitration hearing to law schools.
Judge Moseneke has, apart from delivering a popular judgement in the #LifeEsidimeni hearings, donated his arbitration fees to law students. Ordered gvt to erect a monument to serve as a reminder to future generations about care of mentally ill patients. #Moseneke
— Milton Nkosi (@nkosi_milton) March 19, 2018
Share your thoughts on Dikgang Moseneke’s findings by emailing laurap@caxton.co.za
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