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Gauteng government accepts High Court ruling on Life Esidimeni

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Life Esidimeni

The Gauteng Provincial Government has fully accepted the judgment handed down by the High Court in Pretoria on the Life Esidimeni tragedy inquest.

The High Court ruled that some of the deaths at Life Esidimeni were due to negligence on the part of the province’s former Health MEC, Qedani Mahlangu.

In delivering her findings, Judge Mmonoa Teffo ruled that Mahlangu and the former director of Gauteng’s mental health services, Dr Makgabo Manamela, were responsible for the deaths of nine patients, namely Virginia Macaphela, Terence Chaba, Lucky Maseko, Josiah Daniels, Charity Ratsotso, Deborah Phehla, Matlakala Elizabeth Motsohae, and Koketso Mogoerane.

The judge also found that no one can be held liable for the other 133 patients who died.

Deaths could have been avoided

She emphasized that the deaths could have been avoided.

“Effectively, Ms Qedani Mahlangu and Dr Makgabo Manamela created the circumstances in which the deaths were inevitable.”

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.

“We are pleased that 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,” said Lesufi.

Lesufi confident NPA will take judgment forward

The premier added that the provincial government was confident that the National Prosecuting Authority would take the judgment forward, and they “await the conclusion of this matter.”

According to the premier, following the Life Esidimeni tragedy, the provincial government has made efforts to ensure that the rights of mental healthcare users are promoted and always safeguarded.

These include prioritizing the refurbishment and repurposing of some of its healthcare facilities to improve mental healthcare infrastructure and services across the province.

“The provincial government sympathizes with the bereaved and affected families and understands that the Life Esidimeni inquest was incredibly important for families to find closure and for accountability,” said Lesufi.

DPP to study judgment

Meanwhile, the office of the Director of Public Prosecutions said the next step is for the office to thoroughly study the judgment in order to make a determination on whether the NPA will institute prosecutions against Mahlangu and Manamela.

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