Families of those who died in appalling circumstances in the Life Esidimeni tragedy are furious that the National Prosecuting Authority (NPA) has decided former Gauteng Health MEC Qedani Mahlangu and former director of mental health Dr Makgabo Manamela are likely to face the music for only two victims’ deaths, reports Daily Maverick.
The families have released a statement saying the Acting Director of Public Prosecutions, Marika Jansen van Vuuren, held a meeting with them on Monday to update them, and that the recommendation that only two of the deaths warranted prosecution was “unjust and a betrayal of the 144 lost lives”.
The NPA said a team of prosecutors had been formed to assess the legal opinion and the evidence presented during the Life Esidimeni inquest to make a final decision on prosecution.
The families said what they had wanted all along was a decision to criminally prosecute “all of those whose actions caused the torture and terrible deaths of our loved ones”.
“In this regard we feel vindicated and welcome the NPA’s movement towards a decision. However, almost 10 years after the deaths and more than a year since the inquest judgment, there is still no decision on prosecution, even after a legal opinion,” they said.
Delays and more delays
In 2016, at least 144 mental healthcare patients died when the termination of the Gauteng Department of Health’s contract with long-term psychiatric hospital Life Esidimeni resulted in more than 1 400 patients being moved to ill-equipped and unlicensed NGOs.
On 10 July 2024, Judge Mmonoa Teffo issued a ruling in the inquest stating that Mahlangu and Manamela could be found criminally responsible for the deaths of nine of the patients.
The case was handed over to the NPA with the expectation that the body would consider the judge’s ruling and decide if the pair would be criminally charged.
However, the legal opinion given to the NPA recommends prosecution for the deaths of just two patients.
The Life Esidimeni tragedy has been the subject of a Health Ombud investigation, an arbitration presided over by former Deputy Chief Justice Dikgang Moseneke, and the inquest under Teffo.
“A decision to prosecute …only two of 144 deaths …has angered and devastated us. We regard the NPA’s position as inadequate, unjust and a betrayal of the lost lives. By limiting accountability to only two deaths… the NPA is sending a message that the other 142 deaths do not matter,” said the families.
Lumka Mahanjana, a spokesperson for the NPA, confirmed that the legal opinion received by the prosecuting authority recommended the pursuit of criminal charges for the deaths of only two of the nine individuals.
“(The senior counsel) recommended that in respect of the other seven, there might be difficulties in proving the causal link,” she said.
At this stage, there is no timeline for the new prosecuting team’s consideration of the evidence, according to Mahanjana. She added that “this matter is a priority to the NPA and is receiving attention”.
Importance of accountability
Sasha Stevenson, the executive director of SECTION27, said the legal centre welcomed the legal opinion issued to the NPA as “a good indication of a movement towards prosecution”.
But, she added: “It’s just incredibly frustrating and difficult for the families and for us to hear that after a year (and) after the mountains of evidence … of the various processes in this case … there’s still no decision taken on prosecution.
“There’s a big gap in justice, and it’s important that the gap is filled – that there is seen to be accountability for the people whom the inquest judge found… negligently caused the deaths.”
Mark Heywood, activist and SECTION27 co-founder, noted that pursuing prosecution against Mahlangu would be “hugely significant” as it would be the first time in South Africa a politician had faced criminal accountability for actions carried out while they were in office.
He added that if Mahlangu were successfully prosecuted for two of the Life Esidimeni deaths, those two victims would be representative of “every one of the 144 people who died, as well as the people who survived and who were tortured”.
Reflecting on the role of the Life Esidimeni families in pursuing accountability for the tragedy, he said, “The expressions of anger for justice have not diminished over 10 years. If they hadn’t persisted in the way that they have done, there would never be justice. This would have disappeared and dropped off the radar on numerous occasions over the past few years, because the odds have been hugely stacked against justice. And so this is an example of citizen activism.”
See more from MedicalBrief archives:
NPA yet to pursue Life Esidimeni prosecutions
Life Esidimeni judgment opens door for prosecutions
Life Esidimeni inquest: MEC dodges blame for ending contracts
Life Esidimeni: former Gauteng mental health boss denies concealing information