Gauteng’s health department was in breach of an agreement when it moved mentally ill Life Esidimeni patients to facilities offering an inferior service.

Health minister Aaron Motsoaledi said this in response to a question from Annelie Lotriet of the Democratic Alliance‚ who wanted to know when he became aware of the saga. He said that the tragedy‚ in which nearly 100 mentally ill patients died in 27 unlicensed NGOs‚ had developed in various stages.

He had first heard of the intention to move the patients from Life Esidimeni when social justice group Section 27 had written to the national health department in November 2015‚ threatening to take them to court if the move went ahead. The parties agreed to meet to discuss the matter in an attempt to settle it out of court.

“This meeting culminated into an agreement being signed between Gauteng Department of Health and SADAG (South African Depression and Anxiety Group) whereby it was agreed that if patients have to be moved‚ they will be moved to facilities that do not offer an inferior service to which they were receiving at Life Esidimeni. As it emerged later‚ Gauteng Department of Health unfortunately breached this agreement in every conceivable manner‚” Motsoaledi wrote in his response.

He said Section 27 had approached the courts again in 2016 but had not cited the national department in the papers. They lost the interdict.

“I then came to hear about the death of psychiatric patients who were moved from Life Esidimeni when the MEC for Health in Gauteng‚ in answering to a question in the legislature‚ announced that 36 mentally ill patients died under the care of NGOs in and around Gauteng. I was completely shocked and could not comprehend the whole thing. I immediately contacted the Health Ombudsperson‚ Prof. Malegapuru Makgoba to investigate‚” he said.

Motsoaledi said he discovered the full extent of the tragedy when the ombud’s report was released earlier this year.