Life Esidimeni was allegedly uncooperative with handing over patients properly because they hoped that the Gauteng department of health would let patients stay at their facilities and they would continue to make money.
This accusation was put to former boss of Life Esidimeni Dr Morgan Mkhatshwa by Adv Rendani Munzhelele, the legal representation for social worker Daphne Ndlovu.
Ndlovu worked at Cullinan Care Rehabilitation Centre at the time where some mental health patients died in 2016.
The Life Esidimeni contract was terminated by then MEC Qedani Mahlangu to save money.
Mkhatshwa was being cross examined at the inquest in the Pretoria high court where the court will decide if those deemed responsible of the human rights abuses can be charged criminally.
“You wanted these patients to remain in your facilities so your company could continue to generate this type of money. You did not hand over the discharge summaries, you did not give them their medications and as a result it contributed to their demises,” said Munzhelele.
The line of questioning ruffled the feathers of Life Esidimeni legal representative Adv Harry van Bergen.
“My learned friend should perhaps state whether she is in this question alleging the Life Esidimeni knowingly, deliberately with intent withheld records, medication in order or with the knowledge that it may cause patients to die with the aim of keeping patients in Life Esidimeni.”
To which Munzhelele replied: “My point was clear. They were trying to keep patients with them to keep business and as a result they withheld discharge summaries of some of the patients.”
Munzhelele questioned Mkhatshwa about the amount of money Life Esidimeni was receiving from the state.
“Your company was getting R270 million, is that not a huge amount sir? They [Life Esidimeni] would do anything in their power to keep that money to continue coming to their pockets.”
Mkhatshwa said the money went to the upkeep of patients, including three meals and three snacks every day as well as paying staff members.
"...my learned colleague needs to understand the kind of services that were provided and understand how much... it translated to R9,000 or so per month and my learned colleague needs to understand the kind of services provided and understand how much R9,000 would cover. It sounds huge but you need to break it down,” said Mkhatshwa.
Mkhatshwa, who was also cross examined by Van Bergen, said Life Esidimeni was only provided with a list of patients the day before. He said the department sent an NGO to fetch ten patients in a vehicle that was unsuitable for patients and that Life Esidimeni refused to hand over patients.
“We were provided with a list of the targeted number of patients to be released a week and no further detail... it was just a number,” said Mkhatshwa.
“The day before a discharge we would then get the list of the mental health patients who would need to be handed over to the department of health.”
Mkhatshwa also said the department of health promised to set up a task team to assess patients but they did not follow through.
On Monday, former Mahlangu's lawyer Adv Laurence Hodes broke down the costs and accused Life Esidimeni of price gouging.
The inquest continues.
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