Esidimeni official loses appeal against Ombudsman

One of the people fingered for having his “fingerprints peppered throughout the process” that led to 143 deaths in the Life Esidimeni saga‚ Dr Barney Selebano‚ has lost his appeal against the health ombudsman’s findings.

Ombudsman Makgoba Malegapuru investigated the decision to close the Life Esidimeni homes‚ which had led to the deaths of severely mentally ill patients last year.

Makgoba's report‚ released on 1 February‚ suggested Selebano be suspended by the Gauteng health department and investigated for "negligence and/or gross incompetence".

He also suggested that Selebano be reported to the Health Professions Council of SA‚ so they could investigate revoking his doctor's licence.

Makgoba's report into the tragedy accused Selebano of being one of three officials whose "fingerprints were peppered throughout the process". In his interview with the ombudsman about the tragedy‚ Selebano repeatedly said he would "take the sword".

However‚ he then appealed the findings.

He lost his appeal‚ the ombudsman's office announced on Tuesday‚ saying: "The Health Ombud‚ Professor Malegapuru Makgoba‚ welcomes the dismissal of... Selebano's appeal by the independent ad hoc Tribunal headed by the retired Judge President of the Gauteng High Court‚ Bernard Ngoepe."

Selebano is also appealing the subpoena that he appear before the Life Esidimeni arbitration hearings on December 6.

One of his arguments in his court papers‚ filed last week‚ was that his appeal against the ombudsman's findings is not yet completed. However‚ it has now been announced that the appeal is completed.

Selebano also argues that he may be criminally charged. He feels a subpoena forcing him to give evidence at the hearings could ensure that he offers self-incriminating information on the stand and affect his Constitutional right to a fair trial.

His court case challenging the subpoena will be heard in the Johannesburg High Court on 28 November.