Busiswe Makhubela, a family member of one of more than 140 people who died in the Life Esidimeni saga, wipes tears during the dispute resolution hearings in Parktown, Johannesburg Busiswe Makhubela, a family member of one of more than 140 people who died in the Life Esidimeni saga. File Picture: Itumeleng English / ANA
Durban - Public interest group Section27 will argue that culpable homicide charges should be brought against three senior officials when the Life Esidimeni inquest returns to court later this month.
In 2016, in Gauteng, 141 people at psychiatric facilities died from starvation and neglect when they were moved from the Life Esidimeni facility to cheaper care centres, many of which were later found to be unlicensed and under-resourced.
No criminal charges have been laid against any individuals involved, but a judicial inquest into the deaths is ongoing.
Section27 in a statement on Monday said it would argue that the former Gauteng Health MEC, Qedani Mahlangu, the former director of Mental Health Directorate, Dr Makgabo Manamela and the owner of Precious Angels NGO, Ethel Ncube, should be charged with culpable homicide for their involvement in the tragedy.
It said on October 26 “all parties will present oral argument in the inquest before Judge Mmonoa Teffo, who must determine the cause of the deaths of the 141 mental health care users who died after they were moved from Life Esidimeni into unlicensed and unprepared NGOs”.
“The judge must then decide whether, on the face of it, the conduct of any person caused or contributed to any of the deaths. The decision to prosecute is made by the National Prosecuting Authority once the Court has made its findings.”
The organisation said many of the people who died suffered starvation, dehydration, neglect, and severe violations of their human rights.
“We will present our argument (based on the evidence already before the court) that the deaths of at least 10 of the mental health care users were caused by the conduct of Mahlangu, Dr Manamela and Ncube.”
In heads of argument submitted by Mahlangu’s lawyers, she argues that she did not make the decision to terminate the contract with Life Esidimeni and was not involved in the implementation and execution of the termination project and only officials who were involved in implementation may have a case to answer.
Dr Manamela argues that she did not take the decision to terminate the contract with Life Esidimeni and had previously drafted a plan to reduce beds at Life Esidimeni in phases.
Ncube, in her heads of argument, said she was not personally responsible for the physical care of mental health care users and the circumstances at Precious Angels that led to deaths were brought about by officials in the department.
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