‘Murder charges possible’
Esidimeni judgment opens way for police action – DA
FORMER deputy chief justice Dikgang Moseneke’s arbitration judgment opens the way for murder charges to be brought against officials behind the Esidimeni saga, according to DA Gauteng health spokesman Jack Bloom.
Bloom said he would even lay the complaint if necessary.
Moseneke, in his ruling yesterday, found that Gauteng Department of Health officials had acted irrationally when ending the Life Esidimeni contract and moving patients into ill-equipped non- government organisations.
He found senior officials, including former health MEC Qedani Mahlangu, had breached the constitution – which requires officials to act rationally and not make arbitrary decisions.
Moseneke ruled that such a breach of the constitution allowed him to award R1-million in constitutional damages to the families of 67 people who died as well as 68 survivors represented by Legal Aid.
He found it was impossible that Mahlangu had not foreseen that moving mentally ill patients into under-funded‚ inexperienced NGOs would cause death or suffering.
“Her overall conduct was irrational‚ inexplicable‚ highly reckless and led to the deaths of 144 users and torture of 1 400 users.
“Her stance that she could not reasonably foresee death might ensue is untenable and cannot be believed,” Moseneke said.
Bloom said the finding that Mahlangu should have foreseen the deaths made her guilty of negligence and he felt she could be charged with murder or culpable homicide.
“Moseneke has basically laid out all the evidence and said, police do your job.”
Moseneke repeatedly found that top officials had lied.
“It is indeed remarkable in the face of such carnage of patients that were under the direct care of the department that none of the three top leaders and architects of the tragedy had a grasp of the numbers of deaths.
“I conclude they falsely claimed ignorance of the actual number of deaths.”
Esidimeni family representative Andrew Pietersen‚ whose uncle survived the move to an NGO‚ was pleased with the ruling.
Pietersen praised Moseneke‚ saying the judge had sent out a strong message that government officials must be able to do the right thing.
But the officials at fault “must be criminally prosecuted and incarcerated or what is there to stop another Esidimeni?”
Gauteng premier David Makhura‚ who has met the Esidimeni family committee many times over the last year‚ said he had faith the police would pursue the officials responsible.
“They [police] have their teeth back in this new dawn and will act without fear or favour or prejudice,” he said.
The Gauteng provincial government funded the hearings, which cost millions, and will pay the damages. Makhura said the government would implement Moseneke’s order without delay.
Survivors and families of those who died were awarded R1-million in constitutional damages and R200 000 in damages for emotional suffering and funeral expenses – bringing the government’s bill for the awards to a total of R162-million before paying for counselling and an appropriate monument. – TimesLIVE