Sowetan

Families of Life Esidimeni victims want more money

200k awards not enough – lawyer

- By Zoë Mahopo

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.

 ?? / MASI LOSI ?? A family member of one of the Life Esidimeni deceased patients cries during the closing arguments of the Life Esidimeni arbitratio­n hearing.
/ MASI LOSI A family member of one of the Life Esidimeni deceased patients cries during the closing arguments of the Life Esidimeni arbitratio­n hearing.

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