Families of Life Esidimeni victims want more money
200k awards not enough – lawyer
Lawyers of the Life Esidimeni victims have argued that the proposed R200000 compensation would not be enough for the aggrieved families.
Yesterday, the arbitration into the deaths of more than 140 psychiatric patients heard that the state and Section27 had reached an agreement with regards to part of the claim.
Section27 is representing 74 families who are demanding compensation following the deaths of their loved ones who died after being moved to unlicensed NGOs from Life Esidimeni psychiatric facilities.
The arbitration is being headed by retired deputy chief justice Dikgang Moseneke
It was stated on record that the parties agreed on an amount to cover common law damages including R180 000 for emotional shock and R20 000 for funeral costs.
The families are, however, demanding additional compensation for constitutional damages on the basis that their rights were trampled upon.
However, state attorney Advocate Tebogo Hutamo said it was unlikely that they would reach consensus on the awarding of constitutional damages.
Hutamo confirmed that the state was only willing to settle claims for funeral costs and emotional distress while providing counselling to affected relatives.
However, Section27 lawyer Adila Hassim argued that common law damages were not enough to compensate the families.
Hassim said the patients’ right to dignity and equality had been deeply violated even after their deaths.
“Even in death the mental healthcare users had no dignity and their families were further traumatised by having to identify the bodies,” she said.
She referred to testimonies from relatives who described the state in which they found their loved ones after months of searching.
The patients who were found in filthy NGOs had suffered from severe starvation and experienced dramatic weight loss.
Hassim said even after death the corpses of the patients were handled in an undignified manner.
“We submit that the patients were stripped of their dignity.”
She said some relatives testified that their loved ones were badly treated. “Others said that the treatment of their relatives was worse than the treatment of a township dog.”
She said awarding constitutional damages also served to deter similar breaches of human rights in future.