Former MEC played role in the death of mental health patients, says Section27
SECTION27 has asked the North Gauteng High Court in Pretoria to rule that former Gauteng Health MEC Qedani Mahlangu and two of her former senior officials were responsible for the death of 144 Life Esidimeni patients.
The public interest law centre – which advocates for access to healthcare services and basic education – made the submission yesterday through its legal counsel, advocate Adila Hassim SC, to Judge Mnonoa Teffo, who is presiding at the inquest into the death of the patients.
The inquest was into the transfer of more than 2 000 mental health patients from Life Esidimeni Health Care to care centres that did not have licences to look after mental health patients. The patients were moved despite court applications to challenge the move.
A total of 144 patients died at various centres. Now civil society organisations such as Section27 and the South African Depression and Anxiety Group want those responsible to be held criminally liable.
In support of her submission, Hassim asked Judge Teffo to accept the findings of the arbitration hearings led by retired Deputy Chief Justice Dikgang Moseneke, who in February 2018 made damning findings against Mahlangu, her former head of department Dr Barney Selebano and former head of mental health patients Dr Makgabo Manamela.
During the arbitration hearing, Justice Moseneke rejected their submissions that they had no reason to believe that the displaced mental health patients would die or suffer severe ill-treatment and torture.
Justice Moseneke said their responses were improbable.
“She [Dr Manamela] also claimed that she could not reasonably foresee that patients under the care of her directorate might lose their lives or be subjected to extended degrading treatment and torture.
“Dr Manamela was integral to the decision to end the Life Esidimeni contract. She was not a victim and dutiful servant, but a leader and principal decision-maker. The evidence shows that she produced a plan to transfer the patients en masse.
“She was physically present at removal sites. She visited non-governmental organisations and must have known of their parlous conditions.”
Regarding Dr Selebano, Justice Moseneke said he supported the transfer of the patients, saying he must have foreseen that death and torture might ensue, and yet he allowed the project to continue.
Section27 made a plea to Judge Teffo to accept the finding of Justice Moseneke, saying all three were told by the clinical heads of Gauteng specialised psychiatric hospitals and academic departments and the SA Society of Psychiatrists about the dangers of transferring the patients to the bogus centres.
Mahlangu denied any wrongdoing. She told Judge Teffo that the decision to transfer the patients was made by Premier David Makhura.
The hearing continues.