The National Prosecuting Authority (NPA) says the outcome of the Esidimeni inquest does not necessarily equate to a trial-ready case as there may be additional criminal investigations that need to be conducted.
The authority stated this on Tuesday after Section 27 and bereaved family members of the late mental health patients of Life Esidimeni went to the NPA offices in Pretoria to demand expedite justice and accountability for the prosecution of Qedani Mahlangu and Dr Makgabo Manamela.
At the time of the deaths, Mahlangu was the Gauteng MEC for health while Manamela was the head of mental health in the province.
In her judgment after the inquest, judge Mmonoa Teffo had found that Mahlangu and the former Gauteng Mental Health head Manamela can be held liable for the death of 10 patients.
“Effectively, Ms Qedani Mahlangu and Dr Makgabo Manamela created the circumstances in which the deaths were inevitable,” she said at the time.
However, a spokesperson for the NPA Lumka Mahanjana said yesterday that they take the matter seriously and are in the process of making a thorough, well-informed decision.
“Section 27 is requesting our office to expedite the prosecution proceedings, ensure comprehensive accountability and commit to regular updates to affected families.
“The Life Esidimeni matter is a tragedy that has been referred to as 'the greatest cause of human rights violations' by the state under SA’s democracy.
“The NPA’s decision to refer the matter for inquest was exactly for the courts to assist with the determination of the cause of death of the victims and most importantly, whether any criminality can be inferred on any party that was involved in the scandal.
“It is therefore critical that the decision taken will ensure justice and closure for the families of the victims and the public at large.
“The director of public prosecutions (DPP) is prioritising the matter, and a decision will be taken and communicated,” said Mahanjana.
Teffo had 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.
They were among the 144 who had died when they were moved to NGOs, some of whom were not registered while others were not capable of handling patients of their needs.
Section 27 together with relatives of the deceased took a memorandum to the NPA urging the NPA to expedite the prosecution of Manamela and Mahlangu saying eight years have passed since the initial events and that families have endured excessive delays.
“We urge that charges be formalised and brought before the court without further delay,” they said.
Speaking to Sowetan, Machpelah's sister Christine Nxumalo said they were hopeful about NPA prioritising the lives of their late loved ones and taking action.
“It's a feeling of 'have they really been working on it' but I suppose now that they are prioritising it, it gives us some kind of hope. I am hopeful because [DPP] signed the memorandum.
“We just hope it does not take another eight years,” said Nxumalo.
Accepting the memorandum, the DPP Adv Sibongile Mzinyathi said: “The matter at this point I am still going through that judgment in detail because an inquest is not a trial. “But it is the DPP who decides whether to prosecute or not. I promise the families that this matter is going to get extreme attention now and will be expedited.”
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