SAHRC notes the Life Esidimeni Inquest judgment

12 July 2024

The South African Human Rights Commission (SAHRC/the Commission) has taken note of the outcome of the Life Esidimeni inquest handed down by the High Court in Pretoria on Wednesday, 10 July 2024. The Life Esidimeni tragedy is one of the saddest and most unacceptable chapters in the history of the health care system in democratic South Africa. These were mental health care users who were supposed to be looked after and cared for, yet they were neglected and subjected to inhumane treatment which tragically led to some losing their lives.

The SAHRC referred a complaint on Life Esidimeni to the Office of the Health Ombud, which was included in the Health Ombud’s investigation. The report by the Health Ombud contained several recommendations, including  a request by the Minister of Health for the SAHRC to undertake a systematic and systemic review of human rights compliance and possible violations nationally related to Mental Health. The SAHRC conducted the investigation which culminated into a report into the status of mental health care in South Africa. The report highlighted varying deep-rooted challenges that characterise the mental health care system in South Africa, pointing to a chronic and systemic neglect, coupled with mismanagement and a dire lack of resources. The SAHRC continues to monitor the implementation of its recommendations contained in the report.

Life Esidimeni represents a dark chapter in the history of the health care system in post-democratic South Africa. The SAHRC sympathises with the bereaved families and hopes that the inquest judgment contributes towards the process of closure and healing for the victims and families affected by this tragedy. As we celebrate Mandela month we should recall and heed the words of Madiba, where he said, “a nation should not be judged by how it treats its highest citizens, but its lowest ones”. The judgment is a moment for us to reflect and ensure that this kind of tragedy should never be repeated.

The SAHRC as an institution tasked with the protection, promotion and monitoring of human rights, will continue with its oversight responsibility in ensuring that everyone has access to health care services, as mandated by Section 27 of the Constitution. The SAHRC will continue with its role of monitoring health care facilities, including mental health care facilities.

Issued by Wisani Baloyi, SAHRC, 12 July 2024