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.

Last month the provincial government paid R159.46 million to 134 claimants in terms of the arbitration award by Justice Dikgang Motseneke, who awarded each claimant R1 million for the loss of life, R20 000 to cover funerals and R180 000 for trauma and psychological distress.

This money has come from the budgets of provincial government departments, which adversely affects service delivery.

The DA believes that taxpayers should not have to pay for the egregious misconduct of government officials, and that the perpetrators should pay from their own pockets to cover the damage they caused.

Former Health MEC Qedani Mahlangu, for instance, earned R1.9 million a year and left with a substantial pension, while Selebano and Manamela also earned well.

The DA has given government 60 days to take legal action against Mahlangu, Selebano and Maluleke to pay a fair share of the R159.46 million compensation amount.

There is some urgency as action in terms of the Act needs to take place within one year.

The ANC should not continue to protect Qedani Mahlangu who is still a member of the ANC Gauteng Provincial Executive Committee.

We insist that Mahlangu and senior officials pay directly for their wilful criminality that resulted in enormous suffering to vulnerable people and 144 deaths.

Statement issued by Jack Bloom MPL, DA Gauteng Shadow MEC for Health, 17 July 2018