Esidimeni tragedy a blot on our democracy

THE 144 deaths that occurred under the watch of former Health MEC Qedani Mahlangu must be investigated by the NPA. Legitimate public authority has the right and authority and duty to inflict punishment proportional to the gravity of this avoidable tragedy, a clear-cut case of culpable homicide.

Punishment has the primary aim of redressing the absolute seriousness of this monumental disaster that has befallen our nation. It ranks alongside Sharpville and Marikana. The entire nation is crestfallen. Unintentional death is not morally imputable. But one is not exonerated from such a grave offense if, without proportionate reasons, those involved had acted in a way that brought about the death of 144 frail patients, even without the intention to do so.

The actions of those involved are tantamount to gross medical negligence. A health-care provider’s state of mind involves a situation in which the provider “should have been aware” of “a substantial and unjustifiable risk”, but was not.Can we truly claim to have a modern, humane health system when we have frail, frightened elderly people in the care of incompetent nursing staff?

What occurred was uncivilised, disgraceful and disrespectful. Yet it has been going on, to varying degrees, as the population ages, and it’s getting worse, not better. The current crisis makes for chilling reading, especially if you have a loved one who routinely needs proper medical care.

Health officials should be compelled to act for humanitarian as well as economic reasons. The 144 deaths are a crime against humanity and a violation of the constitutional rights of the deceased.

There can be no doubt that all the officials identified in the Health Ombudsman’s report bear responsibility for allowing this heartbreaking tragedy to occur under their watch. His findings have shaken the nation into a new moral awareness.

We have become delusional. Forgetting that life is absolutely intrinsic and inviolable. After the Marikana tragedy, a judicial commission of inquiry was instituted. It is imperative that we get to the bottom of this monumental tragedy. This sombre and heartbreaking tragedy is a blot on our democracy. In a tragedy of this magnitude, not only must justice be served, it must be seen to be served.

FAROUK ARAIE |