The National Prosecuting Authority has stated they will study the full judgement of the Esidimeni inquest to determine whether to “institute prosecutions against the two individuals whom the court found can be held liable for the deaths.” These individuals are former Health MEC Qedani Mahlangu and Mental Health Director Makgabo Manemela.

But this is too limited as there are other health department officials who were implicated in the maltreatment of the Esidimeni patients, as well as those in charge of the NGOs where the deaths occurred.

Charges should also be considered against former Gauteng Premier David Mabuza, who unconvincingly claimed he did not know Esidimeni patients were being sent to NGOs, and who was implicated by Mahlangu in the decision to terminate the Life Esidimeni contract.

In addition to culpable homicide charges, there should be prosecutions for contraventions of the Mental Health Care Act (MHCA) and the National Health Act (NHA).

According to Section 70 of the MHCA:

“(1) Any person who –
(a) misrepresents a fact in any application, report, record, certificate;
(b) obstructs or hinders any person in the performance of his or her functions;
(c) neglects, abuses, or treats a mental health care user in any degrading manner or allows the user to be treated in that manner; .... is guilty of an offence.”

The decision to terminate the Life Esidimeni contract is surely a breach of Section 3(2) of the NHA:

“(2) The national department, every provincial department and every municipality must establish such health services as are required in terms of this Act, and all health establishments and health care providers in the public sector must equitably provide health services within the limits of available services.”

Furthermore, the evidence shows that discharge reports were not provided as required by Section 10 of the NHA:

“10.(1) A health care provider must provide a user with a discharge report at the time of the discharge of the user from a health establishment containing such information as may be prescribed.
(2) In prescribing the information contemplated in subsection (1), the Minister must have regard to-
a) the nature of the health service rendered;
b) the prognosis for the user; and
c) the need for follow up treatment.
(3) A discharge report provided to a user may be verbal in the case of an outpatient, but must be in writing in the case of an inpatient.”

Various fraud charges should also be brought concerning the irregular registration of non-compliant NGOs.

It has been eight long years since the first deaths of Esidimeni patients. Measures should be taken to expedite the charges and court procedures, so justice is finally served on all those guilty of the deaths of 144 people and the suffering of hundreds of others in this tragedy.

 

Issued by Jack Bloom MPL - DA Gauteng Shadow MEC for Health