Life Esidimeni families want R1.5m each for constitutional damage

On top of state compensation of R200‚000 for emotional shock‚ psychological injury and funeral expenses‚ Life Esidimeni families want each claimant to receive R1.5-million for the violation of their constitutional rights.

On Thursday‚ the Life Esidimeni arbitration hearing convened for closing arguments in Parktown‚ Johannesburg.

Though the state and public-interest law centre Section 27 agreed on the emotional trauma claim under common law‚ the two parties did not reach an agreement on the claim for constitutional rights damages.

Advocate Adila Hassim, for Section 27, argued why the state should compensate the families for the violation of their rights.

"The figure is not intended to represent the value of life. It takes into account the series of circumstances and the breach of rights, including the ongoing disregard of attempts by families to save this situation‚" said Hassim.

Hassim said victims were claiming for constitutional rights violations because the reasons for the termination of the Life Esidimeni facility were false and the manner in which the patients were treated infringed on their human rights.

"Some of the families said the treatment [of] their loved ones was worse than the treatment of a township dog. We submit that they were stripped off their dignity during this process‚" she said.

Hassim also said: "Officials ignored warnings. Families were traumatised by the process."

Retired Deputy Chief Justice Dikgang Moseneke, presiding over the arbitration‚ asked if the state's cooperation in the matter was not a factor to consider.

"We are dealing with an apologetic state in comparison to the state's response in the Marikana matter‚" Moseneke said.

To which Hassim responded: "Hearing an explanation or an apology is part of getting redress. Even in those apologies‚ it doesn’t take away from what happened. The apologies don't take away from the breach. To which‚ we still stand here today without answers."

The state on Thursday confirmed it had agreed to pay out R200‚000 to each Life Esidimeni claimant as compensation.

Breaking down the compensation‚ Hassim said R180‚000 was for the emotional trauma and psychological impact while the R20‚000 would cover funeral costs. Counselling would also be provided by the state.

Advocate Tebogo Hutamo, for the state, said: “I confirm‚ Justice‚ that an agreement has been reached to pay R200‚000 to each family who lost their loved ones. This is only for the common-law claim.”

The families of 63 deceased mental healthcare users and Section 27 welcomed the agreement reached with the state on the common-law damages.

The parties also agreed to create a place of remembrance for the victims of the Life Esidimeni tragedy and to provide counselling for bereaved family members.

Between the state and Legal Aid South Africa‚ representing the survivors‚ no agreement has been reached yet.

"We will await to hear from them. On the last communication with Legal Aid‚ an offer related to counselling has been made to them‚" said Hutamo.

Subsequent to closing arguments‚ Moseneke will have a 30-day deadline to pen a final judgment with recommendations including compensation or criminal justice remedies.

Nothing is final until Moseneke's judgment.