'Deaths could have been avoided if protocols were followed'

Judge rules against former health MEC, HOD

Former Gauteng health MEC Qedani Mahlangu.
Former Gauteng health MEC Qedani Mahlangu.
Image: ALON SKUY

"Her conduct led to the unfortunate and regrettable deaths, some of which could have been avoided. Some of the NGOs were licensed to care for the mental healthcare users without following prescribed protocols."

This is how Pretoria high court judge Mmonoa Teffo decided the fate of former Gauteng health MEC Qedani Mahlangu and former department head of mental health  Dr Makgabo Manamela yesterday, allowing for the National Prosecuting Authority (NPA) to decide whether to go ahead and prosecute the two former officials or not for the deaths of some of the 144 Life Esidimeni patients in 2016.

The court ruled that the deaths of some patients transferred to ill-prepared non-government organisations from Life Esidimeni were a result of the negligence by Mahlangu and Manamela. The court said they ignored expert advice.

“Having heard all the evidence in this inquest, I have come to the conclusion the deaths of the following deceased, namely: Matlakala Motsoahae, Virginia Machpelah, Terence Chaba, Lucky Modise, Daniel Josiah, Frans Dekker, Charity Ratsotso, Deborah Phetla and Koketso Mogoerane were negligently caused by the conduct of Mahlangu and Dr Manamela.

"Mahlangu proceeded to terminate the contract between Life Esidimeni and the department of health despite numerous expert advice and warnings from professionals,” ruled the judge. 

According to the Life Esidmeni report, the SA Depression and Anxiety Group (Sadag) and the SA Society of Psychiatrists had warned Mahlangu about the risks of moving patients out of Life Esidimeni months after they heard the department would move them to cut costs. Their warning landed on deaf ears and the department proceeded with the relocations in 2016. 

However, it turned out some of the NGOs were not fully licensed to care for such patients. In March 2016 the first patient died, and by September, 94 had died, but during an oral reply to the DA in the legislature, Mahlangu played down the number of the deceased to 36. 

At the Life Esidimeni hearing, Mahlangu said she was ill-advised by department managers who she said hid some information from her.

She also justified cancelling the Life Esidimeni contract, claiming it had become expensive and that the NGOs where the patients were being moved to were equally capable of caring for them. 

Yesterday, DA Gauteng health spokesperson Jack Bloom said he hoped Mahlangu would eventually get convicted.

“We welcome the outcome, and now what should follow is criminal charges against these two [ Mahlangu and Manamela]. We believe that there are more charges that would arise from the judgment.

"We will monitor what happens next and ensure that people are held accountable. This could have been covered up if it wasn't for questions in the legislature,” he said.

Operations director at Sadag, Cassey Chambers, said they were  blown away by the judgment.

"We feel incredibly relieved that finally after eight years of fighting and all those efforts of not giving up, we are finally at a place where we have the Pretoria judge [Teffo] saying 'yes, these two people were responsible for the deaths of the Life Esidimeni patients', and if they had listened we could have prevented the deaths and we could have saved their lives'.

"I think that is what stands out for me and Sadag. At the same time, it is also very heartbreaking to know that if they had listened we wouldn't be in this place."

Gauteng premier Panyaza Lesufi said he was pleased with the judgment of the inquest.

“We are pleased this process that brought so much pain and suffering to those who lost their loved ones, as well as the survivors whose human rights were grossly violated by this tragedy, is nearing its end. This judgment closes a painful chapter, not only for the affected families but for us as the Gauteng provincial government,”
Gauteng premier Panyaza Lesufi

“We are pleased this process that brought so much pain and suffering to those who lost their loved ones, as well as the survivors whose human rights were grossly violated by this tragedy, is nearing its end. This judgment closes a painful chapter, not only for the affected families but for us as the Gauteng provincial government,” said Lesufi.

He said the only payments still outstanding in terms of compensation are the survivors who were not part of the initial arbitration process.

The provincial government is currently administering these claims.

“However, upon successful verification, the claimants will only receive 50% of the claims. The other 50% will be held in trust on behalf of the mental healthcare user, which is in line with the Mental Healthcare Act 17 of 2002,” he said.


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