Esidimeni scandal: cold comfort for heartbroken families
Judge frustrated at lack of consequences for top officials who played a role in the deaths of 141 patients
The bodies of seven elderly Life Esidimeni psychiatric patients are still lying in a mortuary, unnamed and unclaimed after several months - killed by the "gross incompetence" of the government and then forgotten.
They are among the more than 141 people who died after 1,712 patients were moved to hospitals, their families, or makeshift NGOs across Gauteng last year in an apparent bid to save money for the provincial health department.
Against this grim backdrop, an arbitration hearing into the deaths that startedthis week has fuelled anger at the lack of repercussions for those implicated in the tragedy.The hearing, chaired by former deputy chief justice Dikgang Moseneke, heard that:
• Other than resigning a day before a damning report on the deaths was released, former Gauteng health MEC Qedani Mahlangu, who instigated the removals, has faced no consequences;
• While head of department Barney Selebano and head of the Gauteng mental health directorate Makgabo Manamela were suspended in February, a disciplinary hearing into their conduct has not yet been completed and they are still drawing their salaries. They have earned more than R1.5-million combined since their suspensions, according to the DA's spokesman on health, Jack Bloom.
• Manamela had helped a colleague to get a contract to transport the bodies of some of the patients;
• Six senior department officials identified by the health ombudsman as integral to the project were only given written final warnings;
• Dumi Masondo, head of the mental health review board, has been suspended in connection with her fitness to hold office, but allegations by family representatives that she was involved in a company that transported some of the dead Esidimeni patients have not been investigated.
Health ombudsman Malegapuru Makgoba, who released the report on the scandal in February, showed frustration at the lack of progress in terms of action taken against those implicated.
He testified: "Some of the disciplinary processes are taking long. I don't have patience for that. You suspend someone and [they] spend a full year getting a salary, sitting at home. That is a common thing in South Africa. If you want a good time you allow yourself to be suspended ... and we are surprised the country is in a mess."ANGER
Anger at the lack of consequences for those involved has been palpable at the hearings.
Dirk Groenewald, an advocate acting for three families who lost relatives, asked Department of Health Director-General Precious Matsoso about Mahlangu.
"The families represented would like to get your opinion ... do you think the voluntary resignation of [Mahlangu] ... is sufficient accountability?"
When she hesitated, Moseneke interrupted: "It is quite a fair question. Counsel says to you: 'In a tragedy of this magnitude - in your view is it sufficient to [resign] to atone for the wrongdoing that led to deaths?' I think that is the question. I think you should have to confront it."
Matsoso answered: "I would have thought she would have been here. Some of these questions I can't answer myself." Later she said: "I hope this arbitration will be a catalyst to bring to book those responsible."
Mahlangu has not been called to testify because the state thought she would be a "hostile witness".
However, both the activist group Section27 and trade union Solidarity, which are representing families of those who died, have said they will subpoena her.
The hearing has left a frustrated Moseneke with more questions than answers. He told the hearing he was repeatedly asking "Why?", like a stuck "gramophone".
He said: "At some point we have to try get to [the reason why]. That is why I keep asking so many witnesses ... 'What was so pressing that we do so many unlawful acts?' And the acts that were not unlawful were uncaring and heartless."FOREBODING
Addressing the families this week, chief planning director for the Gauteng health department Levi Mosenogi, who headed the project, said: "I had said that I had a foreboding ... I have tried my best to do what I could. On my behalf, I want to apologise ... It was difficult for you."
Moseneke asked Mosenogi: "Every part of this project had warm bodies and yet it experienced a systemic failure and you say none of those people have been held to account ... except those at the top?
"Your total team had 21 state officials. Do you know any who shouted murder or dissatisfaction or unhappiness with what they were called to implement?"
He later added: "[You ignored] what the psychiatrists said, what these lawyers said, whatever the family said, you knew all those things, you chose to go ahead."
Mosenogi said at one stage: "I don't have an excuse why we had to hurry it."
Moseneke also revealed: "The evidence suggests Manamela now was part of a process to give contracts to people to remove the dead bodies. Another person [Masondo] who must exercise control and oversight turns out herself a mortuary operator. She [Masondo] does nothing."..
There’s never been a more important time to support independent media.
From World War 1 to present-day cosmopolitan South Africa and beyond, the Sunday Times has been a pillar in covering the stories that matter to you.
For just R80 you can become a premium member (digital access) and support a publication that has played an important political and social role in South Africa for over a century of Sundays. You can cancel anytime.
Already subscribed? Sign in below.
Questions or problems? Email helpdesk@timeslive.co.za or call 0860 52 52 00.