Stock image pixabay
Judge Mmonoa Teffo found that former Gauteng Health MEC Qedani Mahlangu and director of mental health Dr Makgabo Manamela can be held liable for some of the deaths of the Life Esidimeni patients, on Wednesday.
The judgement follows a lengthy arbitration process led by retired Deputy Chief Justice Dikgang Moseneke that was established in 2018 and culminated in an arbitration award for the victims of the tragedy
This is after 144 patients died and 1418 others were subjected to torture and trauma between June 2016 and October 2017 after they were transferred from Life Esidimeni to ill-equipped NGOs in a bid to cut costs.
In her virtual judgement from the Pretoria High Court, Teffo said the tragedy could have been avoided and cited negligence as the cause of the incident.
It is believed that patients were moved from Life Esidimeni to other psychiatric hospitals and NGOs without the knowledge of their families.
A family member of one of the victims, Christine Nxumalo, says she is happy that they are finally getting justice for their loved one.
"I am so emotional. It has been a long wait for this and to find that everything we had been saying- the attempts to stop them, the warnings- is exactly what the judge mentioned in her judgement," says Nxumalo.
Nxumalo's sister Virginia Makapela is among the victims who died at Precious Angels.
She further said after her sister passed on and she had gotten a hold of the post-mortem report, she was shocked.
"I learnt that my sister did not have water in her body at all, which means for the duration of her time there, she did not drink water, nor was she fed."
Nxumalo adds that the post-mortem revealed that cabbage was forced down her sister's throat after she died.
Speaking on what she would like to see happen now that Mahlangu and Manamela have been said to be liable for her sister and other's deaths she says: "Criminal charges. They need to explain the reason for them blatantly ignoring warnings from us and experts who advised them."
Nxumalo hopes that Ethel Ncube, the owner of Precious Angels is also prosecuted for her role.
"She had gardeners doing the rounds, looking after our loved ones and that cannot be right."
Meanwhile, Gauteng Premier Panyaza Lesufi said in a statement on Wednesday that he accepts the judgement.
We are pleased 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."
Lesufi said they are confident that the National Prosecuting Authority (NPA) will take this judgement forward and await the finalisation of the matter with bated breath.
"As part of ongoing measures to strengthen mental health care in Gauteng, the provincial government undertook to ensure that the five district Mental Review Boards (MHRBs) are functional and effective."
Lesufi also added that to date, several facilities have already been refurbished and opened to ensure enough acute mental health beds in hospitals and to increase mental health resources, including specialized professionals and rehabilitation services.
These facilities include Bertha Gxowa, South Rand, Tshwane District, Tembisa, Edenvale, Dr George Mukhari and Chris Hani Baragwanath Academic Hospitals.
