Calls to subpoena Mahlangu

FAMILIES of the victims of the Life Esidimeni tragedy have called for former Gauteng health MEC Qedani Mahlangu to testify in arbitration hearings.

She led the project to close down Life Esidimeni hospitals despite warnings and to transfer very sick people to NGOs.

Helping Hand‚ the charity arm of Solidarity‚ said yesterday they had received permission from hearing retired Judge Dikgang Moseneke to contact her.

“Their legal representatives are now attempting to issue a witness subpoena to force Mahlangu to come and testify‚” read a media release.

Christian Ngqondwana‚ who lost his son Vuyo when he was moved out of Life Esidimeni homes‚ said he will not have peace until Mahlangu comes to testify.

“My heart will never be at peace. Why did she have to do this traumatic thing to the citizens of this country? Former MEC Qedani Mahlangu must explain to me.”

The hearings have been set down for three weeks to give families answers as to why the project happened‚ but will likely be resumed next year. Mahlangu is studying at the London School of Economics‚ according to reports in City Press.

But it would not be easy to subpoena her‚ if she refused to cooperate.

Criminal attorney Ian Levitt said a subpoena from South Africa would not have jurisdiction in the UK.

He explained that even local judgments did not automatically have jurisdiction abroad.

He said instead the arbitrator, Moseneke, could go to the UK with permission of parties and take evidence from Mahlangu.

But if Mahlangu ignored the arb request to appear in the UK at a specified address‚ nothing could be done.

If she agreed to come and testify‚ her costs of travel must be covered for her‚ he explained.

Attorney Ian Small-Smith said while subpoena could be issued from South Africa‚ should she refuse to testify here‚ there was nothing that could be done. — DDC