'It feels like the NPA is sending a message that the other 142 deaths do not matter.'
The families of the victims who died in the Life Esidimeni tragedy have voiced their concerns as the National Prosecuting Authority (NPA) mulls on whether to prosecute former Gauteng Health MEC, Qedani Mahlangu, and former head of the province’s mental health services, Makgabo Manamela.
Nearly a decade has passed since 144 mental healthcare patients lost their lives in 2016 after being transferred from private healthcare provider Life Esidimeni to poorly prepared non-governmental organisations (NGOs).
Years later, an inquest was held at the Gauteng High Court in Pretoria between July 2021 and late 2023.
The findings concluded that Mahlangu and Manamela were liable for the deaths of nine patients: Matlakala Motsoahae, Virginia Machpelah, Terrence Chaba, Frans Dekker, Charity Ratsotso, Deborah Phehla, Lucky Maseko, Daniel Josiah, and Koketso Mogoerane.
Since the ruling was delivered by Judge Mmonoa Teffo in July 2024, the NPA has been considering whether to pursue charges against the two former officials.
Families of Life Esidimeni patients meet with NPA
On Wednesday, civil society organisation Section27 confirmed that the victims’ families had met with the NPA on Monday, 18 August.
According to the NGO, acting Director of Public Prosecutions (DPP) in Pretoria, Marika Jansen Van Vuuren, informed the families that the NPA had received a legal opinion recommending the prosecution of Mahlangu and Manamela for the deaths of only Machpelah and Chaba.
A team of prosecutors has now been appointed to assess both the legal opinion and the evidence presented during the Life Esidimeni inquest before making a final decision.
The development was cautiously welcomed by the families.
“A decision to criminally prosecute all those whose actions caused the torture and terrible deaths of our loved ones is what we have demanded all along,” Section27’s statement read.
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Despite the development, the families expressed deep frustration at the slow pace of justice.
“Almost 10 years after the deaths and over a year since the inquest judgment, there is still no decision on prosecution, even following a legal opinion.
“In addition, a decision to prosecute on the basis of only two out of 144 deaths angered and devastated the families present.”
The families described the NPA’s stance as “inadequate”, “unjust”, and a “betrayal” of the lives lost.
“By limiting accountability to only two deaths, it feels like the NPA is sending a message that the other 142 deaths do not matter.
“We say this because we believe there is overwhelming evidence that has been presented in multiple formal processes.”
They argued that the NPA appeared to be “turning a blind eye” to what they called a “mountain” of evidence.
NPA can’t blame police
Section27 also alleged that Jansen Van Vuuren had explained that the NPA relied on the investigations of the South African Police Service (Saps) in order to prosecute.
However, the families contended that the problem did not lie with the police but with the NPA’s handling of the matter.
“Unfortunately for the NPA, it cannot place the blame on Saps this time.
“Had Saps not done its job, we question how the presiding officers in the arbitration or the inquest could have come to the conclusions they reached.”
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The families further emphasised that the prolonged indecision amounted to a denial of justice.
“It reflects a failure to honour the pain of the families and the dignity of those who died.
“It amounts to protecting those responsible, rather than holding them fully accountable.”
Compensation
In his findings, former deputy chief justice Dikgang Moseneke recorded 144 deaths, 44 missing patients, and 1 418 survivors.
He ruled in the 2017 arbitration that the Gauteng Department of Health must compensate each family with R1 million.
Gauteng Premier Panyaza Lesufi previously indicated that the province has paid R159.5 million to 134 families who joined the arbitration and R348.7 million to others who did not, as of September 2024.
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