Esidimeni hearings: Manamela's lawyer ‘wholly unprepared’

Dr Makgoba Manamela‚ who led the Life Esidimeni project and even signed patients' death certificates‚ was expected to testify at the hearing on the tragedy on Monday morning‚ but asked for a postponement.

Witnesses testified throughout the Esidimeni arbitration hearings that Manamela was the person who led the fatal move from Esidimeni homes into NGOs‚ in which 143 mentally ill people died.

As families waited for answers‚ lawyer Lerato Mashilane spent the morning trying to delay his client Manamela's debut on the witness stand.

He asked for a postponement‚ because Manamela allegedly needed documents and time to prepare.

Hearing Judge Dikgang Moseneke repeatedly asked Mashilane what documents Manamela needed‚ as this was the reason given for her needing a postponement.

Twice‚ Mashilane admitted that he didn’t know what documents were needed.

Mashilane said: "At this point‚ it is extremely hard to indicate what documents my client will need."

Then he said: "I will stand my ground as per instructions. Currently‚ my client does not have any documents before this arbitration."

Moseneke asked for legal reasons why a postponement should be granted. "There must be a cogent reason in law to defer [proceedings]‚” the judge insisited. “A postponement is not there specially for the taking. You are obliged to convince me why you seek a postponement." Mashilane could not offer a legal reason for a postponement.

Moseneke eventually asked the fumbling lawyer: "How long have you been practising?" prompting laughter from the families of the victims at the proceedings.

Mashilane then quoted the Constitution vaguely to Moseneke‚ who was once deputy chief justice of the Constitutional Court.

Moseneke had to instruct angry family members‚ annoyed at the lawyer‚ not to heckle him.

However‚ Moseneke had to help Mashilane through his testimony‚ even telling the lawyer what he should be saying.

"You were talking about costs...” he corrected Mashilane at one point. “Now you are talking about something else."

Dirk Groenewald‚ lawyer for three families who lost loved ones‚ opposed the postponement request‚ saying: "This is a fishing expedition by Manamela to avoid answering difficult questions."

Groenewald said Manamela was a witness‚ and that witnesses have to answer difficult questions. He said Solidarity would vigorously oppose a postponement.

Section 27’s Adila Hassim pointed out that Mashilane's postponement wasn't even a genuine legal request.

Bizarrely‚ Section27 also explained that while they had subpoenaed Manamela to appear at the hearings‚ her lawyer had asked Section 27’s lawyer to commission [validate] Manamela's affidavit challenging her appearance.

Hassim said this was unethical‚ and Section 27's lawyer had refused to do so.

She said that Manamela's conduct in asking for a postponement was contemptuous of the arbitrator and of the victims' families.

Because the request for postponement had no legal grounds‚ Hassim asked that Manamela personally pay the costs of all ten advocates involved‚ and the costs that the delays her request for postponement had caused.

Evidence leader Patrick Ngutshana explained that Manamela lawyer had said on Saturday that Manamela needed more time to prepare herself.

Ngutshana had made himself available on Sunday‚ but Manamela had refused the help.

Legal Aid Advocate Lilla Crouse described the request for the postponement as "wholly unprepared".