Families and SECTION27 demand justice for Life Esidimeni victims amid NPA prosecution delays
The families of the Life Esidimeni victims are unhappy with the National Prosecuting Authority's handling of the criminal prosecution of former Gauteng Health MEC Qedani Mahlangu and former Director of Mental Health Dr Makgabo Manamela.
Image: File
SECTION27, families of the Life Esidimeni victims, and the Freedom Front Plus (FF Plus) have criticised the National Prosecuting Authority (NPA) for delays in prosecuting former Gauteng Health MEC Qedani Mahlangu and former Director of Mental Health Dr Makgabo Manamela, nearly a decade after 144 mental health patients died following their transfer to unlicensed facilities.
The families explained that they were informed in a meeting with the NPA on Monday that the prosecuting body had received a legal opinion recommending prosecution of Mahlangu and Manamela, but only for the deaths of two patients, Mr Terence Chaba and Ms Virginia Machpelah.
SECTION27 said it welcomed the NPA’s indication that it was moving towards a decision on prosecution but expressed frustration with the delays.
“We are, however, concerned with the extensive delays by the NPA, even in the face of the inquest decision and a legal opinion that the NPA has obtained that both support the pursuit of criminal charges against Qedani Mahlangu … and Dr Makgabo Manamela,” SECTION27 said in a statement.
“We urge the NPA to act now with urgency to institute a prosecution and bring to an end the delay of justice in this case.”
The meeting on Monday was held between the NPA, represented by Advocate Marika Jansen Van Vuuren, and families of the victims.
The families said they were “angered and devastated” by the narrow scope of the recommendation.
“By limiting accountability to only two deaths, it feels like the NPA is sending a message that the remaining 142 deaths do not matter,” they said.
“We say this because we believe there is overwhelming evidence that has been presented in multiple formal processes.”
These included the Health Ombudsman’s report, arbitration led by former Deputy Chief Justice Dikgang Moseneke, and the inquest presided over by Judge Teffo. The families said: “Taken together, these processes … constitute an undeniable body of evidence. We cannot accept the NPA turning a blind eye to this substantial body of evidence.”
They rejected suggestions that police investigations were at fault. “The problem lies not with SAPS, but with the NPA’s handling of the matter,” they said, accusing prosecutors of showing an “obstructive attitude” and seeking not to prosecute from the outset.
“A failure to make a decision after all this time, and an indication that there may be prosecutions for two out of 144 deaths is not justice,” the families said.
“Justice delayed has already been justice denied. Justice reduced is justice destroyed.”
The FF Plus also condemned the development, saying accountability must extend beyond two cases.
“The Freedom Front Plus is of the opinion that justice will not be served in this way, and that Mahlangu and Manamela should be tried and held accountable for all the victims who died,” said Philip van Staden, FF Plus MP and chief spokesperson on health.
He said: “It would be a gross miscarriage of justice if Mahlangu and Manamela were not held accountable for all 144 deaths, but only for certain ones. The facts are incontestable: Mahlangu and Manamela's decision to transfer the patients resulted in their deaths. They should be brought to book for it so that the families of the victims can find closure.”