The Gauteng Provincial Government says it fully accepts the judgment in the Life Esidimeni inquest handed down by the Pretoria High Court on Wednesday.
The inquest, which was established in July 2021, sought to investigate the criminal liability for the deaths of 141 mental healthcare users from Life Esidimeni.
Pretoria High Court Judge Mmonoa Teffo has determined that former Gauteng Health MEC Qedani Mahlangu and the then Mental Health Director, Dr Makgabo Manamela, can be held accountable for the deaths of some Life Esidimeni patients.
In 2016, the Gauteng Department of Health moved the deceased from Life Esidimeni – a long-term psychiatric care hospital, which provided highly specialised chronic care to mental healthcare users to NGOs, which Teffo described as “ill-equipped” and “inexperienced” to give proper and adequate care.
This conduct, the judge said, led to “regrettable and unfortunate deaths, some of which could have been avoided”.
Gauteng Premier Panyaza Lesufi said: “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.”
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.
Moseneke gave the provincial government a list of 134 people after he concluded that families should each receive payments of R1 million in constitutional damages from government.
According to the provincial government, all claimants were paid R159 460 000 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 said it was currently administering these claims.
However, the claimants will only receive 50% of the claims upon successful verification. The other half will be held in trust on behalf of the mental healthcare user, which aligns 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.
Way forward
Lesufi added that following the Life Esidimeni tragedy, the provincial government has made concerted efforts to ensure that the rights of mental healthcare users are promoted and safeguarded.
“As part of ongoing measures to strengthen mental health care in Gauteng, the provincial government undertook to ensure that the five district Mental Health Review Boards (MHRB) are functional and effective.”
The MHRBs are made up of 27 people with diverse expertise which include legal practitioners, mental healthcare practitioners, and community members with a proven record of community development and involvement.
In response to the growing need for mental health services, the provincial government said it has prioritised the refurbishments and repurposing of some of its healthcare facilities to improve mental healthcare infrastructure and services across the province.
According to the provincial government, several facilities have since been refurbished and opened to ensure enough acute mental health beds in hospitals and to increase mental health resources, including specialised professionals and rehabilitation services.
These facilities include Bertha Gxowa, South Rand, Tshwane District, Tembisa, Edenvale, Dr George Mukhari and Chris Hani Baragwanath Academic Hospitals.
The newly opened Kopanong Gateway Specialised Mental Health Day Clinic offers a basket of free services for mental health patients ranging from counselling, social work services, dual diagnosis services as well as psychotherapy for adults, children, and adolescents.
“The provincial government sympathises with the bereaved and affected families and understands that the Life Esidimeni inquest was incredibly important for families to find closure and for accountability,” the Premier said. – SAnews.gov.za
