JOHANNESBURG, (ANA) – Former Gauteng head of the department of health, Barney Tiego Selebano, has lodged an urgent application in the South Gauteng High Court in a bid to set aside a subpoena instructing him to testify at the Life Esidimeni arbitration.
The subpoena was served on Selebano on October 31, state attorney Tebogo Hutamo said at the hearing that resumed on Wednesday.
”He was subpoenaed to appear on December 4. However, Selebano lodged an urgent application in the high court yesterday [Tuesday] seeking to set aside the subpoena. The matter will be heard on November 28,” Hutamo said.
”We are considering his application and will give feedback to this arbitration and the public as soon as possible. Our view is that he is supposed to appear here as per the subpoena.”
Selebano was one of the top officials fingered in the fatal Life Esidimeni project that saw 141 psychiatric patients die at unlicensed NGOs due to neglect and starvation.
He was suspended in February for gross misconduct and incompetence and his conduct was reported to the HPCSA (Health Professional Council of South Africa) as recommended by Health Ombudsman Malegapuru Makgoba’s damning report into the fatal Life Esidimeni project.
The marathon project was overseen by the then health MEC Qedani Mahlangu.
Meanwhile, attorneys were still trying to locate Mahlangu’s physical address in England, where she was furthering her studies. No one knows where she lives in England, said Hutamo.
”She has appointed a team of lawyers, BBM Attorneys who are working to ensure that she receives the subpoena. We are working hard to ensure that she appears and testifies this month [November].”
The beleaguered Mahlangu is widely blamed for the botched relocation of mental patients. She tendered her resignation as the Life Esidimeni tragedy unfolded.
At the time, Makgoba’s report found that as many as 94 mentally ill patients who were transferred from Life Esidimeni to unlicensed NGOs had died. However, the death toll rose over time as more information was discovered by Makgoba, bringing the number of deaths to 118, and then 141. At least 59 of the patients are still unaccounted for.
Another top official suspended Makgaba Manamela, who was head of mental health, has been subpoenaed and is expected to testify on 20 November. Makgoba recommended that she be charged with gross misconduct and be reported to the South African Nursing Council (SANC) for remedial action.
An attempt by Manamela to appeal Makgoba’s findings failed last week. She remains suspended with full pay until disciplinary proceedings against her are completed at the department.
Chairman of the hearing, former Deputy Chief Justice Dikgang Moseneke, is cited as one of the respondents in Selebano’s urgent application.
He jokingly said that he would have to shut down the arbitration and head to court to defend himself.
”I suppose I will consider my own position on this new development council. We will in the meantime proceed with the task at hand … we have witnesses here who are ready to proceed,” said Moseneke.
– African News Agency (ANA)
