“Victims need justice as well,” was the message conveyed to the National Prosecuting Authority (NPA) by the family of Life Esidimeni victims and other stakeholders when they handed over a memorandum on Tuesday to the NPA in which they demanded that the prosecuting authority prioritise the prosecution of officials implicated in the tragedy.
It has been over three months since Judge Mmonoa Teffo ruled that the deaths of Virginia Machpelah, Deborah Phehla, Frans Dekker, Charity Ratsotso, Koketso Mogoerane, Terrence Chaba, Daniel Josiah, Matlakala Motsoahae, and Lucky Maseko were unnatural.
Judge Teffo found that Qedani Mahlangu and Dr Makgabo Manamela caused these deaths, which were among the 144 deaths resulting from the Life Esidimeni disaster.
In marking the end of mental health awareness month, the Life Esidimeni families, joined by members of the disability sector, the South African Depression and Anxiety Group (SADAG), Section27, and other interested parties, urged the NPA to take action against those implicated in the deaths.
They handed over a memorandum which was received by Advocate Sibongile Mzinyathi, director of public prosecutions in Gauteng. They demanded expedited justice and for those who were implicated during the inquest to be held accountable.
It was stated in the memorandum that despite the court's findings in July, more than three months have passed without a word from the prosecution authority about the way forward. The families said they had waited eight years since the tragedy for justice to be done. While they have asked the NPA for updates, these requests remain unanswered.
They said this lack of communication exacerbated their trauma and led to a distrust in the accountability process.
Following the court’s recommendation that Mahlangu (the former Gauteng Health MEC) and Manamela (the former Director of Mental Health in Gauteng) should be held accountable for their roles in the Life Esidimeni tragedy, the ball is in the NPA’s court to institute charges against them.
Judge Teffo found that Mahlangu negligently terminated the Life Esidimeni contract despite expert advice and warnings, resulting in the relocation of mental healthcare users to non-governmental organisations that were ill-equipped and lacking in experience to provide adequate care.
Manamela implemented the plan to move mental health care users to dangerous conditions when she knew the risks of doing so. This conduct, Judge Teffo stated, led to deaths that could have been avoided.
The Life Esidimeni families and their allies called on the NPA to pursue criminal charges against Qedani Mahlangu and Dr. Makgabo Manamela without delay.
Christine Nxumalo of the Life Esidimeni family committee, whose sister Virginia was among the patients who died in August 2016, said they needed regular updates from the NPA as the lack of action was traumatic.
“We have a high court judgment. Surely it must mean something. The NPA is supposed to act in the best interests of the country’s citizens. We are here calling on the NPA not to drag its feet,” Nxumalo, who was part of the picket, said.
"It is critical that the decision taken is one that will ensure justice and closure for the families of the victims and the public at large. We want to assure the families as well as organisations representing the families of the victims, that the NPA takes this matter very seriously and we are in the process of making a thorough, well-informed decision," it said.
Pretoria News