Ensuring that South Africans have access to quality healthcare services
The Office of the Health Ombud exists to ensure that citizens have access to the kind of healthcare services they deserve
South Africa has an independent body that was established to consider, investigate and finalise complaints regarding its health system.
The Office of the Health Ombud exists to ensure that citizens have access to the kind of healthcare services they deserve. Heading up the office is Professor Malegapuru Makgoba, who is doing such a sterling job that he recently received the Titanium Award for Excellence in Creating Access to Healthcare. He was lauded for his handling of the Life Esidimeni investigations.
The Titanium Awards were launched in 2014 by the Board of Healthcare Funders of Southern Africa to recognise and celebrate healthcare professionals and businesses delivering superior services to their members and customers in the southern African public and private healthcare sectors.
Prof Makgoba released a damning report into the circumstances surrounding the death of mentally ill patients in Gauteng.
The report was dubbed “No Guns: 94+ Silent Deaths and Still Counting”.
Prof Makgoba released the report after being requested by Heath Minister Aaron Motsoaledi to investigate the circumstances surrounding the deaths and advise on the way forward.
The tragedy unfolded when the Gauteng Department of Health formally terminated its contract with Life Esidimeni healthcare centre in 2016. An estimated 1 371 chronic mentally ill patients were rapidly transferred to other hospitals and 27 non-governmental organisations (NGOs) between 1 April and 30 June 2016. It was found that over 140 of these patients subsequently died.
The report identified former Health MEC Qedani Mahlangu, Head of Department Dr Tiego Ephraim Selebano and Director Dr Makgabo Manamela as three key players in the Gauteng Mental Health Marathon Project (GMHMP), under which the patients were moved to the NGOs.The GMHMP has since been scrapped.
The report also recommended disciplinary proceedings against Dr Selebano and Dr Manamela for gross misconduct and/or incompetence in compliance with the Disciplinary Code and Procedures applicable to senior public service managers.
Prof Makgoba said the findings against the two must be reported to their respective professional bodies for appropriate remedial action with regard to professional and ethical conduct. He also recommended corrective disciplinary action for the implicated deputy directors and chief director for failing to exercise their fiduciary duties and responsibilities.
Following the findings, MEC Mahlangu resigned and Minister Motsoaledi took a number of actions that were recommended, including the appointment of an Ad-hoc Independent Tribunal to process all appeals relating to the Health Ombudsman’s report.
The minister and Gauteng Premier David Makhura later reached an agreement with representatives of the families and relatives of the victims of the Life Esidimeni tragedy to appoint retired Deputy Chief Justice Dikgang Moseneke as the arbitrator of the dispute resolution process.
At the end of the process, Justice Moseneke ordered government to pay the families of victims R1.2 million each by no later than 19 June 2018.
Justice Moseneke said the marathon project was inhumane and stripped victims of their dignity.
“Every element of the marathon project trampled on the dignity of the mental healthcare users in every way.The users were stripped of their dignity in life and death,” said the arbitrator.
A total of R1 million is to be paid for constitutional damages for the violation of the victims’ human rights. In addition, R200 000 is to be paid by government –
R20 000 for funeral expenses and R180 000 for the shock and trauma endured by the families.
The Health Ombud has confirmed that a total number of 140 mental healthcare users have been verified and qualify for inclusion in the alternative dispute resolution process.
The Health Ombud recently recommended that Minister Motsoaledi consider leading and convening a multi-representative group to explore new ways for the renewal of the healthcare system.
“As stated in my Life Esidimeni Report: Our legislative framework requires urgent amendments as it gives concurrent powers to provinces and municipalities, but when all fails, only a minister who has limited powers is held alone to account,” said Prof Makgoba.
He said Minister Motsoaledi has worked tirelessly to successfully implement the recommendations of the National Development Plan and in driving the further transformation of the health system through the National Health Insurance.
How to make use of the Health Ombud
If healthcare users, the media or members of the public are not satisfied with services provided at any health establishment or facility (public or private) providing a health service, they are welcome to lodge a complaint with the Office of the Health Ombud through its complaint management system.
Concerned parties can call the office on 080 911 6472 to lodge complaints.The office will then deploy its investigators to look into the complaint. After investigations, the office will then inform affected parties about the findings of the investigations.
After all affected parties have been informed about the findings, the office will then produce reports with recommendations.The whole processes is done in a fair, economic and expeditious manner.
The office was established in terms of the National Health Amendment Act No. 12 of 2013 and is located within the Office of Health Standards Compliance (OHSC).
Prof Makgoba was appointed as the first Health Ombud in South Africa in June 2016 for a non-renewable term of seven years.