Tribunal judge overturns findings around Esidimeni deaths

Tribunal judge Bernard Ngoepe has overturned the health ombudsman's finding that patients died in "unlawful circumstances" at two NGOs: Masego and Takalani.

Ngoepe said there was a lack of proof as to how patients had died.

"The transfer of patients was rushed and indeed described as chaotic. There are no post-mortem reports. It is true that the environments were not ideal. But on the basis of the Ombudsman's report‚ it is not possible to conclusively say what the cause of the deaths was‚" the ruling said.

One of Ngoepe's reasons for refusing to blame NGOs for deaths is because Life Healthcare‚ which runs Life Esidimeni homes‚ "held back the medical records of the patients"‚ which he suggested was because the Gauteng department of health owed Life Healthcare money.

"It is also a valid concern for us that Esidimeni failed to provide the clinical and other data in their possession about their patients’ health‚ disease and therapy."

The ombudsman spoke of Freddie Collitz‚ who had shoe laces holding up his trousers because he was so thin‚ according to a family member.

Mariana Jamnik-Schmidt‚ whose brother died at Masego‚ had a post-mortem done and she told TimesLIVE it noted how thin he was and that his stomach had contained no food at death.

Ngoepe does not set aside the finding that all NGOs‚ including Masego and Takalani‚ gave patients a "lack of proper care" as the NGOs had failed to defend themselves against that allegation.

Ngoepe mentions the deaths at Esidimeni homes that had up to 2‚000 patients.

"While there is little disagreement that the sheer scale of deaths in the NGOs and other health facilities is unconscionable‚ there was also a number of deaths during the Esidimeni period."

His report also suggests that the Gauteng department of health has been placing patients in NGOs for years.

"It is worth noting that they have been 'deinstitutionalising' thousands of patients from organisations like Esidimeni. The overall project is rightly known as 'The Deinstitutionalising Project'‚ wherein patients were discharged daily during their routine care."

Last week‚ health director general Precious Matsoso testified that many NGOs looking after people "were not suitable".

There are 5‚000 patients in Gauteng NGOs‚ it emerged. The SA Depression and Anxiety Group spokesman Cassey Chambers said: "We had many complaints about care at Masego home. Now that all the Life Esidimeni patients have been moved‚ who is checking on the patients left behind?"

Puseletso Jaure‚ managing director of Life Esidimeni‚ said it would not comment‚ due to the correct arbitration process‚ except to say: "At no stage has Life Esidimeni refused to provide information."

The ombudsman will not comment on the tribunal. The Gauteng department of health referred the question about placing patients in NGOs for years to the premier's office.