Life Esidimeni: The ball is back in the NPA’s court – it’s time to reconsider decision not to prosecute
11 July 2024
AfriForum’s Private Prosecution Unit and Solidarity Helping Hand will study today’s judgement of the inquest into the death of 144 psychiatric patients in the 2016 Life Esidimeni tragedy, before deciding how to proceed. However, the organisations are encouraged that the case will be referred back to the National Prosecuting Authority (NPA) to reconsider a prosecution. AfriForum and Solidarity Helping Hand emphasise that preliminary information suggests a favourable decision to prosecute the matter.
Judge Mmonoa Teffo delivered judgement in the Gauteng High Court in Pretoria today. She found that the death of at least nine of the victims in the Life Esidimeni tragedy was caused by the negligent actions of the then Gauteng MEC for Health, Qedani Mahlangu, and the former Director of Mental Health at the Gauteng Department of Health, Dr Makgabo Manamela.
AfriForum’s Private Prosecution Unit represented Sandra de Villiers on behalf of Solidarity Helping Hand, which represented families during the mediation hearings. De Villiers’ brother, Jaco Stols, died in 2016 during the Life Esidimeni tragedy.
Shortly before his death, Stols was relocated from Life Esidimeni to another facility where he is believed to have starved to death. Government officials failed to get permission from Stols’ next of kin to relocate him. De Villiers was initially barred from visiting her brother at the new facility. He was only hospitalised at De Villiers' insistence – by this time he weighed barely 39 kg, and it was too late to save his life.
“The verdict is a small step towards the justice we’ve been seeking for so long. We are grateful that those in prominent positions who were directly responsible for this tragedy are being held accountable. The victims who couldn’t help themselves died of dehydration, starvation and neglect,” said René Roux, Managing Director of Media at Solidarity Helping Hand.
Issued by Barry Bateman, Communications Manager: Private Prosecution Unit, AfriForum, 11 July 2024
