The families of some of the scores of people who died during the botched transfer of mentally ill patients from Life Esidimeni facilities to non-governmental organisations said they forgave those implicated in the tragedy as they rejoiced at the ruling handed down in the inquest.
The Pretoria high court on Wednesday found that the deaths of some of the psychiatric patients moved from Life Esidimeni to ill-equipped NGOs were “negligently caused by the conduct of (former Gauteng health MEC) Qedani Mahlangu and (former head of mental health services) Dr Makgabo Manamela”.
“Effectively, Mahlangu and Manamela created the circumstances in which the deaths were inevitable,” judge Mmonoa Teffo ruled on Wednesday.
The purpose of the inquest was for the court to determine the cause of death of the 144 patients who died after 1,711 mentally ill people were transferred from Life Esidimeni facilities in 2015 and 2016 to the ill-prepared NGOs.
The court was also tasked with determining whether the conduct of any individual directly caused or contributed to the deaths.
TimesLIVE Premium spoke to three of these families to get their reaction to the ruling and the effect the tragedy has had on their lives. Two of them lost family members while another's relative survived by the skin of his teeth.
Among them is Jabulile Hlatshwayo, whose stepson Sizwe died just six months after he was transferred from Life Esidimeni Waverley, in Germiston, to two different NGOs. He was 29.
Speaking shortly after the judgment, an elated Hlatswayo said: “I'm so happy, and now we look forward to seeing them [Mahlangu and Manamela] in court.
“I'm hoping there won't be a lot of delays, if they can just speed things up because it's been too long. Just for once, there must be justice for us.”
Sizwe, who was epileptic, was moved to Esidimeni in 2000 when he was just 13 and he stayed there until his transfer.
“He stayed there for 16 years without an issue, but they took him [to] Pretoria and he died six months later,” she said.
The days leading up to the judgment have been difficult for Hlatshwayo, who said she had been plagued by a persistent headache and chest pains.
“Today I woke up with chest pains, which shows that I'm stressing. This has reopened old wounds, I feel like I'm watching a movie that was paused and rewound. I'm not coping emotionally and I don't know how the day will end,” she said.
She also reflected on the years since Sizwe's death, saying it has been an arduous journey for the family, with little support from the health department. All they received was the compensation ordered by retired deputy chief justice Dikgang Moseneke after an arbitration hearing.
I want to see them cry because they don't care [about us]. These people are very cruel and they must be jailed. They [patients] were happy at Esidimeni and residing there comfortably. But they [the department] removed them despite our objections.
— Elizabeth Phangela
The department apparently promised to provide psychological support after the trauma from this hearing, but nothing came of that.
“It's like we don't matter ... like the families of the deceased and survivors don't exist. They've forgotten about us,” she said.
“I wish that just once they take time to ask if we are coping and how we've been affected. They don't care [especially] since they paid the compensation.”
Sizwe's death had a severe effect on Hlatshwayo — she suffered a stroke and had to rely on a walker for support.
“No-one asked how I was coping, no-one cared,” she said tearfully.
Hlatshwayo shared fond memories of Sizwe, who she described as the “family entertainer” and someone who enjoyed dancing.
She expressed hope that the department learns from this ordeal and “that they consider everyone's life important because every life is important.
“They treated mentally ill patients as animals and not humans. They must also communicate with families because if they did [at the time], none of this would've happened.”
She also said she forgave the department and those implicated in the deaths but would “never forget what they did”.
“I'm still seeking justice for my son,” she said.
Elizabeth Phangela is another family member who hopes justice is served by the high court.
Phangela's brother Christopher Makhoba died after he was moved from Life Esidimeni Waverly to Precious Angels NGO in Atteridgeville. This is the same NGO run by Ethel Ncube, who was one of those Section 27 wanted criminally charged.
Makhoba was also among the 10 case studies the organisation cited in its submissions to the inquest. The court was unable to make a finding on his cause of death.
Christopher suffered from epileptic fits, which placed him in danger and necessitated his move to the Waverley facility. He was there from 2009 until 2016.
“I've been waiting for this day to end ... because it's taking us back [in terms of healing],” she said.
Phangela said the family had awaited Wednesday's judgment for a long time; her mother had since died. Christopher was her only remaining son at the time of his death.
“I want to see them cry because they don't care [about us]. These people are very cruel and they must be jailed. They [patients] were happy at Esidimeni and residing there comfortably. But they [the department] removed them despite our objections,” she said.
Phangela still recalls vividly the details around her brother's botched move and the state he was found in after he died.
She also reflected on the past eight years for the family, saying they were difficult times.
“The past eight years have been very bad for us. I took a picture I had of him from [Waverley], when he looked so neat, and had it framed and I tell him that we'll fight for him. We miss him very much,” she said.
Phangela said she hoped the department would draw lessons from the tragedy and do better next time. She also said she'd only forgiven former Gauteng health department head Dr Barney Selebano, but still has “a bone to pick” with Mahlangu, Manamela and Ncube.
Also reacting to Wednesday's judgment was Andrew Pietersen, the chairperson of the Life Esidimeni family committee.
Pietersen's uncle, Victor Truter, was among those who survived; he was found on the cusp of death at an NGO in Krugersdorp shortly after his transfer. He suffers from chronic schizophrenia.
“We feel quite vindicated ... and have a sense of closure because now it has been pinned down to two individuals, due to negligence on their part.
“This means that we can now have a process that will lead to a criminal case that will hopefully lead people [being] incarcerated. Hopefully it won't be a slap on the wrist but something that can give the family closure,” he said.
Pietersen said it was “ridiculous” that the NGOs could not be found criminally liable because they accepted people knowing they did not have the qualifications or were not licensed.
“I'm thinking now especially of one NGO where most of these patients passed on, which is Precious Angels. So definitely, that would have been something that would have given us a broader sense of closure.”
