NPA to consider prosecuting Mahlangu, Manamela over Esidimeni

The National Prosecuting Authority will be studying the judgment on the Life Esidimeni inquest before determining whether former Gauteng health MEC Qedani Mahlangu and the province’s former head of mental health Dr Makgabo Manamela will be prosecuted.

The Pretoria high court found on Wednesday that the two were negligent and responsible for some of the 144 Life Esidimeni psychiatric patients’ deaths.

Judge Mmonoa Teffo found that Mahlangu and Manamela can be held liable for the deaths of 10 of the patients after a two-year inquest hearing which saw 40 witnesses testify. They included Mahlangu and Manamela, former Gauteng premier David Makhura and former finance MEC Barbara Creecy.

“The next step is that the office of the director of public prosecutions (DPP) will thoroughly study the judgment to make a determination on whether the NPA will institute prosecutions against the two individuals whom the court found can be held liable for the deaths,” NPA spokesperson Lumka Mahanjana said.

The two were found to be liable for the deaths of Matlakala Motsoahae, Virginia Machpelah, Terrence Chaba, Lucky Maseko, Josiah Daniel, Frans Dekker, Charity Ratsotso, Deborah Phehla, Koketso Mogoerane and Christopher Makhoba.

However, the judge could not find liability for the deaths of the other 133 patients.

The Gauteng provincial government said it accepted the judgment and premier Panyaza Lesufi said it was pleasing that the matter was finally coming to an end.

“As the Gauteng government, we are confident that the National Prosecuting Authority will take this judgment forward and we await the conclusion of this matter,” he said.

Meanwhile, AfriForum’s private prosecution unit and Solidarity Helpende Hand expressed relief at the judgment.

The private prosecution unit represented Sandra de Villiers, whose brother Jaco Stols died in 2016. Solidarity’s Helpende Hand represented families during the mediation hearings chaired by retired deputy chief justice Dikgang Moseneke and briefed the prosecution unit to represent De Villiers.

Stols was relocated to a facility where he is believed to have died from starvation as government officials did not grant his next of kin permission to relocate him. De Villiers was initially barred from visiting Stols at the new facility and her brother was hospitalised only after she discovered he weighed only 39kg. By then, it was too late to save him, said Solidarity Helpende Hand MD of media, René Roux.

“The verdict is a small step towards the justice we’ve been seeking for so long. We are grateful that those in prominent positions who were directly responsible have been held accountable. The victims who couldn’t help themselves died of dehydration, starvation and neglect,” Roux said.

DA MPL Jack Bloom said the judgment was a severe indictment that should lead to culpable homicide charges against Mahlangu and Manamela. He said criminal charges should be formulated as soon as possible, and a court date expedited so that justice is seen to be done without further delay.

“It is a pity that the lack of autopsies for the other Esidimeni deaths precluded a firm negligence finding for the other deaths,” Bloom said. 

TimesLIVE