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The National Prosecuting Authority (NPA) has decided to prosecute individuals linked to the deaths of mental healthcare users during the Life Esidimeni transfers after thorough investigation.
The Life Esidimeni tragedy, which occurred between 2015 and 2016, led to the deaths of at least 141 psychiatric patients due to their illegal transfer from licensed care facilities to unregistered NGOs lacking proper resources.
NPA national spokesperson Kaizer Kganyago emphasized that families of the deceased have faced extended delays in achieving justice for almost ten years.
“The case’s complexity, the extensive evidence, and the need for a thorough legal process caused these delays. The NPA recognizes the pain and frustration of affected families during this time.
“The acting director of public prosecutions delayed announcing the final decision because he needed endorsement from the retiring NDPP and a briefing for the incoming NDPP, Advocate Andy Mothibi.
“Advocate Mothibi expressed appreciation for the progress in the matter and informed that the NPA will pursue prosecution to update the affected families and the public,” he explained.
The inquest led by Judge Mmonoa Teffo found that negligence and systemic failures within the Gauteng Department of Health caused several deaths and identified individuals who may face criminal liability.
Kganyago said that after thoroughly reviewing the inquest findings, evidence, and relevant laws, the NPA has decided there is enough reason to start criminal prosecutions.
He added, “The charges are expected to include culpable homicide, among others, against those deemed responsible for the unlawful and negligent actions that led to the deaths.
“This decision is a significant advancement for accountability and justice for victims and their families.
“The NPA reaffirms its dedication to the rule of law and to ensuring that responsible parties are prosecuted in court. Further information on court dates and specific charges will follow.”
Approval over decision on Life Esidimeni tragedy
Meanwhile, the Democratic Alliance (DA) in Gauteng has expressed approval of the decision to prosecute individuals involved in the deaths of mental health patients during the Life Esidimeni tragedy.
According to the opposition provincial shadow MEC for Health, Dr. Jack Bloom, the move is long overdue, as families have had to wait 10 years for justice for the deaths of their loved ones.
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“The inquest should hold accountable all individuals identified for potential charges, including culpable homicide, notably former Gauteng Health MEC Qedani Mahlangu, emphasizing that politicians must be responsible for gross negligence resulting in suffering and death,” he remarked.
Dr. Bloom stated that they will advocate for the well-being of mental health patients in Gauteng hospitals, as highlighted by the Health Ombud’s report on a psychiatric patient’s death at George Mukhari Hospital.
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