The National Prosecuting Authority (NPA) has decided to launch criminal trials for officials whose actions contributed to the deaths of mental health patients after their transfer from Life Esidimeni facilities.
The charges will include culpable homicide, NPA spokesperson Kaizer Kganyago said on Monday.
The decision has been signed off by Andy Mothibi, the new national director of public prosecutions.
This comes after years of investigation and legal processes. The judge hearing the inquest, Mmonoa Teffo, ruled in 2024 that then Gauteng health MEC Qedani Mahlangu and mental health director Makgabo Manamela had a case to answer.
A total of 144 patients died following the transfer of vulnerable people with mental disabilities out of Life Healthcare Esidimeni hospitals in 2015 and 2016 to unregistered and ill-equipped facilities.
Kganyago said the NPA acknowledged that their families have endured prolonged delays in the pursuit of justice. “These delays were occasioned by the complexity of the case, the scale of the evidence, and the necessity of ensuring a thorough and legally sound process.”
The inquest, he said, found negligence and systemic failures within the Gauteng department of health.
“The court further identified individuals whose conduct may give rise to criminal liability.
“After careful consideration of the inquest findings, supporting evidence, and applicable legal standards, the NPA has resolved that there is sufficient basis to institute criminal prosecutions. The charges are expected to include culpable homicide, among others, against those deemed responsible for the unlawful and negligent actions that led to the deaths.”
Further details, including court dates and specific charges, will be communicated in due course, he said.
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