The FW de Klerk Foundation welcomes the ruling on the Life Esidimeni Case

19 July 2024

The FW de Klerk Foundation welcomes the recent ruling on the Life Esidimeni case, delivering long-overdue justice for the 144 mental health patients who tragically lost their lives due to gross negligence and systemic failures by the Gauteng Department of Health and its MECs.

"The court's ruling, which holds former Gauteng Health officials liable for the deaths of nine patients, is a crucial step towards accountability. This decision should prompt the National Prosecuting Authority (“NPA”) to pursue criminal charges, including culpable homicide. This is essential to reinforce the principle that those in positions of power must be held responsible for their actions," said Christo van der Rheede, Executive Director of the Foundation.

This decision upholds the constitutional right to life (section 11) and the right to access health care services (section 27), which were gravely violated in this case. The court found that the MECs failed in their duty to protect these fundamental rights, leading to an avoidable tragedy.

"Welcoming this ruling, we stress the necessity of stringent measures to prevent such tragedies in the future. The Constitution guarantees the right to life and health care services, and this ruling is a stark reminder of the state's obligation to uphold these rights," stated Ismail Joosub, Manager of Constitutional Advancement.

The ruling also emphasises the importance of public administration adhering to high ethical standards and providing services impartially and fairly, as mandated by section 195 of the Constitution. The oversight failures and governance lapses highlighted by the court simply cannot be ignored.

Section 1 of the Constitution emphasises accountability, responsiveness and openness in governance. The Foundation urges the government to act swiftly and decisively to restore public trust and ensure the protection of citizens' rights.

The FW de Klerk Foundation remains committed to advocating for justice and effective governance, underscoring the critical need for accountability in public administration.

Issued by FW de Klerk Foundation, 19 July 2024