Life Esidimeni – If NGOs don’t pay back the money, their bosses will
The total value of the matters handed to the state attorney’s office, pending civil litigation against nine NGOs, is R5 million.
The Treatment Action Campaign (TAC) marched to the Gauteng Legislature to demand the removal of former Health MECs and current members of the Provincial Legislature, Qedani Mahlangu and Brian Hlongwa. Mahlangu is implicated in the Life Esidimeni tragedy and Hlongwa stands accused of facilitating corruption in the Health department during his tenure, 7 August 2018. Picture: Neil McCartney
The owners and directors of nongovernmental organisations (NGOs) that illegally claimed money from the Gauteng health department long after the investigation into Life Esidimeni tragedy was concluded, could be forced to face the music if their organisations fail to pay back the money.
According to Special Investigating Unit (SIU) spokesperson Nazreen Pandor, nine NGOs were referred to the SIU for civil action. The total value of the matters handed to the state attorney’s office, pending civil litigation, is R5 million.
Should the NGOs be unable to repay Gauteng health, the SIU will have no option but to act against the directors or owners “because in all the proceedings, the directors/owners of these NGOs are included and cited in their personal and representative capacity”.
Pandor said: “As in the case with our award against the Anchor Centre for the intellectually disabled, we cited the NGO as the first defendant and Dorothy Evangeline Franks as the director and second defendant.”
President Cyril Ramaphosa issued a presidential proclamation asking the SIU to investigate possible unlawful and improper conduct involving at least 28 NGOs that cared for psychiatric patients, and health department officials.
The SIU was asked to look into whether the NGOs were paid “in a manner that was not fair, transparent, equitable and contrary to applicable legislation”.
On Friday last week, the SIU won a legal case in the High Court in Pretoria against two of the NGOs. The Anchor Centre and Franks were ordered to return more than R630,000 to the health department.
The other NGOs are facing similar rulings when the SIU takes their cases to court.
The Life Esidimeni contract was cancelled by provincial health authorities in a cost-cutting exercise. Subsequently, patients were transferred to inexperienced and ill-equipped NGOs in various parts of the province.
Initially, 36 patients were reported to have died as a result of poor care by the NGOs. The matter did not receive much public or media attention until it was learnt that more than 100 patients had died. The number grew to 144 patients.
The plight of the psychiatric patients was uncovered by the Democratic Alliance’s shadow health executive committee member in Gauteng Jack Bloom, who investigated the tragedy, assisted by some disgruntled family members and disillusioned health officials.
Bloom continued to harass provincial authorities about the plight of at least four patients who were allegedly still missing.
The department confirmed that some were still unaccounted for, but said it was in the process of tracing them with the help of police, as well as the home affairs and social development departments.
The patients’ deaths and the conditions under which they were transferred from Life Esidimeni facilities to the NGO centres was investigated by the health ombud, Dr Malegapuru Makgoba.
His report forced the Gauteng provincial government to open arbitration hearings, chaired by former Deputy Chief Justice Dikgang Moseneke, to investigate the matter further and recommend suitable compensation for the bereaved families.
Former health MEC Qedani Mahlangu, former health department head Dr Barney Selebano and director of mental health Dr Makgabo Manamela resigned following the scandal.
– ericn@citizen.co.za
For more news your way, download The Citizen’s app for iOS and Android.
