Law centre wants inquest into patients’ deaths

A CIVIL rights group has written a letter of demand to the Gauteng police to provide a written undertaking that they will initiate inquests into the deaths of 36 Life Esidimeni mental health patients.

On Friday, SECTION27 said the department had been repeatedly warned by families, experts and a wide range of key role players of the ramifications of terminating its legacy contract with Life Esidimeni before ensuring community-based care centres were in a position to receive the patients.

“On 15 August, 2016, Virginia Gwen Machpelah died at Precious Angels Home, an NGO in Atteridgeville established in June of 2016,” the organisation said. “Her sister, Christine Nxumalo, was advised of the death on 25 August.

“The operator of Precious Angels, Ethel Ncube, reported to Nxumalo that Virginia died whilst undergoing ‘stimulation therapy’. On 27 August, Nxumalo reported the death to the police and requested an inquest. The police duly initiated the inquest.”

However, upon visiting the funeral home Virginia had been sent to, Nxumalo was advised that six other people had died at Precious Angels and been delivered to the funeral home. That total later rose to seven.

“Nxumalo, in terms of her legal obligations under the Inquests Act, reported those deaths to the police. The police, however, refused to initiate the inquest into the additional seven deaths and advised Nxumalo that the referral must be directed to the Department of Social Development and/or the Department of Health for investigation.

“This refusal is unlawful. SECTION27, acting on behalf of Nxumalo, the South African Depression and Anxiety Group, the South African Society of Psychiatrists and the South African Federation for Mental Health has directed a letter of demand to the police requiring them to provide a written undertaking to initiate the inquests into these deaths, and the deaths of all other former residents of Life Esidimeni, in line with their legal obligations,” the organisation said.

Yesterday, SECTION27 spokesperson Nomatter Ndebele said it hadn’t received a response from the police by the Friday deadline and would be debriefing today on the next step.

Last week, Health MEC Qedani Mahlangu revealed in a question-and-answer session in the legislature that the patients died while in the care of some of the 122 NGOs they had been transferred to from Life Esidimeni facilities.

Life Esidimeni denied Mahlangu’s claims that patients were transferred without their medical files.

The group said it followed all protocols and provided the department with all the patients’ records.

Health Minister Dr Aaron Motsoaledi asked the Office of Health Ombudsman, led by Professor Malegapuru Makgoba, to investigate the allegations and the deaths – a move welcomed by Premier David Makhura.

SECTION27 has directed a letter of demand to the police