Public interest law centre SECTION27 will argue for culpable homicide charges to be brought against three witnesses for their roles in the deaths of mental healthcare patients in the 2016 Life Esidimeni tragedy as the inquest resumes today in the Gauteng High Court.
The three are former Gauteng Health MEC Qedani Mahlangu, former Gauteng mental health head Dr Makgabo Manamela and the owner of Precious Angels NGO, Ethel Ncube, reports Daily Maverick.
“SECTION27 represents 44 mental healthcare users who died in the most inhuman, cruel and degrading circumstances while under the care of the state. Many of them suffered starvation, dehydration, neglect and severe violations of their human rights,” stated SECTION27.
The inquest, presided over by Judge Mmonoa Teffo, began in July 2021, the court having already heard from 40 witnesses, including Health Department officials, NGO owners and experts in nursing and mental healthcare.
Witness testimonies were wrapped up in May 2023.
The purpose of the proceedings is to determine the cause of death for 141 patients, moved from the Life Esidimeni facility to various NGOs in 2016 as part of a group of more than 1 500 patients transferred when the Gauteng Department of Health terminated its long-standing contract with the service provider.
A 2017 report by former Health Ombud, Professor Malegapuru Makgoba, found that 27 of the NGOs to which patients were transferred were operating with invalid licences. Most lacked the competence, management and resources to provide for the patients’ specialised needs.
‘Culpable homicide’
From today, there will be two weeks in which SECTION27 and other parties will present oral arguments before the court.
Teffo is expected to rule on whether the conduct of any person contributed to any of the deaths, after which the National Prosecuting Authority will decide whether to prosecute.
According to SECTION27’s heads of argument, the conduct of Mahlangu, Manamela and Ncube caused the deaths of several mental healthcare users.
But in her testimony in May 2023, Mahlangu claimed the decision to transfer the patients was made by the budget committee – led by then Gauteng Premier David Makhura – of which she was a member.
She claimed ignorance of the fact that unsuitable NGOs had acquired licences from the Gauteng DoH.
In the case of Manamela, SECTION27 argued she was the “de facto project leader” for the termination of the Life Esidimeni contract and directly involved in the project’s implementation.
“She signed licences for NGOs that she knew had not been properly assessed and failed to ensure they were paid timeously. She was warned both before and during the implementation of the project about risks, and failed to mitigate these risks sufficiently.”
Manamela testified in October 2022 that while she signed the licences for NGOs, selecting and vetting them was not her responsibility, but that of her team.
She said the decision to terminate the Life Esidimeni contract was made by more senior officials and she “did not have the power to stop it”.
Ncube owned Precious Angels NGO, where 20 of the patients died, the first within two weeks of the patients being transferred to her care.
“… Ncube housed mental healthcare users in the most deplorable conditions. She knowingly operated an unlicensed NGO (and) continued to accept patients even after it was clear she had neither the staff, the resources, nor the facilities to care for them and that taking additional people would compromise their health.
“She employed unskilled workers to take care of patients who required specialised care and allowed them to be housed in conditions that were squalid and inhumane,” stated SECTION27.
See more from MedicalBrief archives:
Life Esidimeni: Premier told 40 patients dying every year was ‘normal’
Former MEC claims she was unaware of risks of Life Esidimeni transfers
Life Esidimeni: former Gauteng mental health boss denies concealing information
Life Esidimeni inquest: ‘He vomited for four weeks and then he starved to death’