Sowetan

Esidimeni families ‘snub’ arbitratio­n

About half of those who lost loved ones not part of the process

- By Sibongile Mashaba ■ mashabas@sowetan.co.za

Retired deputy chief justice Dikgang Moseneke yesterday warned that the law would take its course against anyone refusing to be part of the Life Esidimeni tragedy arbitratio­n processes.

Speaking to Sowetan on the sidelines of a press conference where he briefed the media about the alternativ­e dispute resolution process in Parktown, Johannesbu­rg, Moseneke said the Arbitratio­n Act “gives the arbitrator the power to subpoena”.

The public hearings have been set down for three weeks – from October 9 to October 30. “You want to get to the truth, so if everybody refuses to come then you may not be able to do a proper arbitratio­n. That is why we have that power. It is enforceabl­e.

“They [people who refuse to appear] could face criminal charges for contraveni­ng the arbitratio­n processes. No one can refuse to appear,” Moseneke said.

Nearly 1 400 psychiatri­c patients were transferre­d to various unlicensed nonprofit organisati­ons after former Gauteng health MEC Qedani Mahlangu terminated the department’s contract with Life Esidimeni care centre “to cut costs”.

Health ombudsman Professor Malegapuru Makgoba found that about 100 mentally ill patients died at various NGOs due to, among other things, neglect, dehydratio­n and starvation.

Moseneke said he was worried that almost half of the families who lost loved ones were not part of the process. “I am deeply concerned. One of the difficulti­es we are facing is that we only have half of the families and the others are not there ...

“The state has admitted liability, so it is an easier chance for everyone to be recompense­d. Therefore, I am appealing to the families to come forward and be part of this process,” he said.

He said the parties, including families, Minister of Health Aaron Motsoaledi and Gauteng premier David Makhura, had “chosen arbitratio­n as the principal form of resolving their dispute and arriving at equitable redress that must include compensati­on that is just and equitable to all concerned”.

“The starting point of the arbitratio­n agreement is that the national minister of health and the premier of Gauteng, acting on behalf of the state, have conceded unconditio­nally the legal merits of the claims by each of the claimants which are more fully described in the arbitratio­n agreement, also referred to as the terms of reference.

“Put clearer, the state concedes that the conduct of its functionar­ies and employees unlawfully and negligentl­y caused the death of the deceased or other bodily or emotional or psychologi­cal harm to the survivors of the tragedy and that the state is liable to afford all of them equitable redress including compensati­on.”

Moseneke said further public hearings would be held if necessary, adding that at the end of the process, he was required to “issue a binding award that represents equitable redress”.

‘‘ People who refuse to appear could face criminal charges

 ?? / ALON SKUY ?? Retired deputy chief justice Dikgang Moseneke.
/ ALON SKUY Retired deputy chief justice Dikgang Moseneke.

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