In SA corruption terms, R355,000 is not a lot of money. But when the Special Investigating Unit announced on Tuesday it had secured signed acknowledgment of debt agreements for this amount, it was a significant moment. For this money will be recovered from five non-governmental organisations (NGOs) that unduly benefited from the relocation of Life Esidimeni patients six years ago. It is a small amount, but it is a huge step towards bringing justice to the families of more than 140 mentally ill patients who died.
The five NGOs — San Michele Home, Dolphins Acre, Life Esidimeni, Hephzibah Home Care and Ubuhle Benkosi Care Centre — have signed debt agreements; four of which had already paid their debts and the fifth was still paying. Its debt is expected to be settled by March 2025. The total amount involved is R355,414. The recovered money will be given to the social security agency. At one of these institutions — Hephzibah Home Care — five patients died, while the Ubuhle Benkosi Care Centre was found not fit for purpose and was intended for orphaned children, not mentally ill patients. Yet some of the most vulnerable people in our society were placed in its care.
This is not the first time the SIU held NGOs involved accountable. No fewer than 28 NGOs were given contracts to “care” for the psychiatric patients that were removed from the Life Esidimeni clinic when the Gauteng health department terminated its contract. The inquiry into the Life Esidimeni tragedy heard horrific tales of how many patients died of hunger or thirst while being deprived of the required healthcare. The SIU investigated the evidence against those involved and pursued legal action. In 2019, it secured two court orders against the NGOs, the Anchor Centre for the Intellectually Disabled and Dorothy Evangeline Franks, to pay back more than R630,000 to the health department.
These actions came after the SIU was authorised in 2017 to investigate whether the NGOs were paid in dishonest and unfair ways and whether there were improper acts and maladministration. The main findings against the NGOs included a lack of skills and experience of staff, a lack of preparation and suitable infrastructure and their financial sustainability. In short, the actions of those involved in the NGOs could have contributed to the deaths of patients.
As Section27 says, the process of getting justice for those who died in the Life Esidimeni tragedy is ongoing. Tuesday’s development is an important step on the path of recovery, recognising the pain and indignity that was suffered and reminding us this mournful chapter in our history should never be repeated.
Yet, the tragedy beyond tragedies is that no criminal action has been taken against anyone involved. More than 140 people were killed due to the inhumane, negligent and cruel actions of incompetent and uncaring Gauteng health officials and greedy and callous NGO operators. So while the SIU is hitting those involved in the pocket, it is a crime against humanity that we are unlikely to ever see the Esidimeni enforcers behind bars.
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