Call to prosecute Esidimeni officials

FAMILIES of the deceased and survivors of the Life Esidimeni tragedy are urging acting National Director of Public Prosecutions (NDPP) Dr Silas Ramaite to criminally charge three former Gauteng Health Department senior officials implicated in the saga.

The Life Esidimeni Families Committee yesterday said in an open letter to Ramaite that they hoped he would not follow in the footsteps of his predecessor, advocate Shaun Abrahams, and not take action against the trio.

Abrahams’s 2015 appointment was this week found to be “constitutionally invalid” by the Constitutional Court.

President Cyril Ramaphosa yesterday announced that Ramaite would act as NDPP until a permanent candidate was appointed within 90 days. (See Page 4)

“The Life Esidimeni Families Committee welcomes today’s ruling that effectively removes Shaun Abrahams as head of your organisation. For us, this decision is long overdue,” wrote committee member Christine Nxumalo on behalf of the families.

“For five months Mr Abrahams did nothing about the findings by retired deputy chief justice Dikgang Moseneke that key individuals in the Gauteng provincial government were responsible for the deaths of at least 144 people, and the torture of an additional 1 418.

“We plead with you… to intervene, and to intervene quickly. We remind you that no criminal action has been taken against the three key people involved, even though they were clearly identified by Mr Moseneke as being responsible for this tragedy,” Nxumalo wrote.

The trio are Qedani Mahlangu, who was the health MEC and who implemented the marathon project; former director of mental health Makgabo Manamela; and former head of department Barney Selebano.

“We find this totally unacceptable and call on you to act, and to act now. In case we need to remind you, Justice Moseneke found that the government officials concerned had acted in ‘blatant breach of the law and the constitution’.

“He said the mass discharge of patients was ‘torture’,” the letter said in part.

National Prosecuting Authority (NPA) spokesperson Luvuyo Mfaku referred The Star to South Gauteng NPA spokesperson Phindi Mjonondwane.

Mjonondwane said: “The team of prosecutors tasked with dealing with Esidimeni matters has not concluded its work.

“They are still busy with consultations, and once they’ve concluded that part, the NPA will be in a position to communicate accordingly.”

Nxumalo wrote in the letter: “We know for a fact that all the evidence presented before the arbitration hearings has been made available to the SAPS. This was done on the instruction of Justice Moseneke.

“We know for a fact that 45 inquest dockets have been sent to the NDPP by the SAPS. This has been confirmed by SAPS spokesperson Brigadier Vish Naidoo.

“All we are waiting for is for the NDPP to do the right thing: to press criminal charges against all those involved.”