DA pushes ANC to force Esidimeni culprits to part pay R159 million damages
The Democratic Alliance has today sent letters to Gauteng Premier David Makhura and Health MEC Gwen Ramokgopa to demand that the ANC provincial government pursue legal action against those implicated in the Life Esidimeni tragedy so that they personally pay a share of the R159 million arbitration award to relatives of those who suffered and died.
Click here to view the letter.
According to the Apportionment of Damages Act 34 of 1956, where more than one person may be held liable for a wrongful act, these wrongdoers are considered jointly and severally liable to any claimants for the resultant harm.
In this instance, the “joint wrongdoers” include former Gauteng Health MEC, Qedani Mahlangu, former Gauteng Head of Department for Health, Dr Barney Selebano and former Chief Director Mental Health, Dr Makgabo Manamela.
The Act provides that a party that has been found liable in a civil claim, and has paid this claim in full, can act to recover from those who were also allegedly liable (the joint wrongdoers) to recover a contribution for their fair share of what has been paid.