By: Natasha Archary
Gauteng Premier Panyaza Lesufi has accepted the Life Esidimeni judgement which was handed down on Wednesday, 10 July.
The inquest into the Life Esidimeni tragedy concluded that former Gauteng Health MEC, Qedani Mahlangu and former Head of Gauteng’s mental health services, Makgabo Manamela were responsible for the deaths of patients.
This after the pair moved thousands of state psychiatric patients who were stable, from private facilities to ill-equipped NGOs in 2015 and 2016.
As a result of this transfer, 144 patients died in what the health ombud found to be a harrowing case of neglect.
Responding to the judgement, Lesufi clarified outstanding payments and accepted the outcome which brings a painful chapter to a close for the families who lost their loved ones.
“We are pleased this process that brought so much pain and suffering to those who lost their loved ones, as well as the survivors whose human rights were grossly violated by this tragedy is nearing its end. This judgement closes a painful chapter, not only for the affected families but for us as the Gauteng Provincial Government.As the Gauteng Provincial Government, we are confident that the National Prosecuting Authority (NPA) will take this judgement forward and we await the conclusion of this matter.
The judgement follows an arbitration process led by retired Deputy Chief Justice Dikgang Moseneke that was established in 2018 and culminated in an arbitration award for the victims of the tragedy. In the award, Justice Moseneke gave the provincial government a list of 134 people who had to be paid following the arbitration process. All claimants were paid (R159 million, 460 thousand) in full within the time that was stipulated by Justice Moseneke in his report.
The only payments that are still outstanding are for the survivors who were not part of the initial arbitration process. The provincial government is currently administering these claims. However, upon successful verification, the claimants will only receive 50% of the claims.
The other 50% will be held in trust on behalf of the mental healthcare user, which is in line with the Mental Healthcare Act 17 of 2002. “As the Gauteng Provincial Government, we are confident that the National Prosecuting Authority will take this judgement forward and we await the conclusion of this matter.”
The Premier said since the Life Esidimeni tragedy the Gauteng provincial government has made efforts to ensure the rights of mental healthcare users are promoted and safeguarded.
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