The National Prosecuting Authority (NPA) has decided to prosecute individuals implicated in the deaths of over 100 psychiatric patients during their unlawful transfer from Life Esidimeni mental health facilities to ill-equipped NGOs between 2015 and 2016.
The tragedy resulted in the deaths of at least 141 vulnerable psychiatric patients and is considered one of the most serious human rights violations in democratic SA.
Last year the NPA said it had received a legal opinion that former Gauteng health MEC Qedani Mahlangu and Dr Makgabo Manamela — the former Gauteng health mental health director — could be prosecuted for only two of the 144 deaths.
The NPA acknowledged the emotional toll the matter had taken on the families of the victims, saying the delays were due to the complexity of the case, the volume of evidence, and the need to build a strong and legally sound prosecution.
“The decision to institute prosecutions marks an important step towards accountability and justice for the victims and their families.” — NPA spokesperson Phindi Mjonondwane
Spokesperson Phindi Mjonondwane said the decision to prosecute follows extensive consideration of the available evidence and legal findings.
“This has been a complex and sensitive matter, but we are satisfied that there is a reasonable prospect of a successful prosecution based on the evidence gathered,” she said.
“Further delays were caused by internal processes, including the need for the acting director of public prosecutions’ decision to be endorsed by the national director of public prosecutions (NDPP).”
Mjonondwane said the transition in the NPA’s leadership played a role in the delay in the prosecution.
“The newly appointed NDPP, Adv Andy Mothibi, had to be fully briefed before the decision could be finalised and communicated.
“Those implicated are expected to face charges including culpable homicide, among others, linked to the unlawful and negligent decisions that led to the deaths of the patients,” Mjonondwane said.
“The decision to institute prosecutions marks an important step towards accountability and justice for the victims and their families.”
Mjonondwane said the move to prosecute follows the conclusion of inquest proceedings led by judge Mmonoa Teffo, which found that several of the deaths were caused by negligence and systemic failures in the Gauteng health department.
She alluded that the court also identified individuals whose actions or omissions may amount to criminal conduct.
“Based on these findings, along with supporting evidence, the NPA determined that there is a sufficient legal basis to proceed with criminal charges,” Mjonondwane said.
Sowetan
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