The good, but also the bad and ugly, of Esidimeni

In the Life Esidimeni tragedy, we have seen the best and the worst of South Africa. The best is exemplified in the fortitude and compassion of Cassey Chambers, operations director of the South African Depression and Anxiety Group, who wept this week as she spoke to the Sunday Times about her two-and-a-half-year journey with the families of 1 711 severely ill psychiatric patients who were arbitrarily discharged after the Gauteng health department terminated its contract with the three homes that cared for them. The best is also exemplified in former deputy chief justice Dikgang Moseneke, who cut a dignified and empathetic figure during his arbitration into the affair, which culminated on Monday in his ruling that every survivor, as well as the families of (the at least) 144 people who died, should receive R1.2-million.

Moseneke said later: “[I] will donate all my arbitrator’s fees to law schools that will help nurture young women and men committed to defending the vulnerable against the abuse of the high and mighty.”

As for the worst, there will be little argument that Gauteng’s health MEC at the time of the tragedy, Qedani Mahlangu, is at the head of the queue. Moseneke said of her: “As the ultimate leader of the project . . . she failed to explain why she allowed so many lives of defenceless mental healthcare users to be placed at risk for no good reason.”

Mahlangu’s evidence to Moseneke — reluctantly and belatedly provided — was replete with denials, blame, inability to remember and refusal to accept responsibility. Moseneke called her conduct “irrational, inexplicable . . . highly reckless”.

His role as arbitrator prevented him calling for criminal charges to be brought against her, but he pointed the NPA in the right direction by saying: “She [Mahlangu] acted with an ulterior motive that remains concealed, even after many days of evidence before the hearing.”

The NPA already has 45 inquest dockets prepared by the police, who had representatives at the arbitration hearings.

Charges of culpable homicide appear inevitable; even murder has been mentioned. And in the ordeal awaiting her, Mahlangu deserves the same amount of sympathy she showed for the patients who looked to her for protection and found only contempt.