Life Esidimeni: Justice Is Closer But There Is Still Work To Be Done

SAFMH News Room

Years of frustration, anger, waiting and fighting have culminated in a bittersweet justice, after Judge Mmonoa Teffo found that former Gauteng Health MEC Qedani Mahlangu and mental health director Makgabo Manemela can be held criminally liable for the deaths of some of the 144 mental healthcare users who were moved from the Life Esidimeni health facility to non-government organisations in 2016.

It has been eight full years since the Life Esidimeni tragedy took place. But the trauma and pain suffered by the victims and their families will take a lifetime to heal. SAFMH welcomes the judgement of the Life Esidimeni Inquest, which will hopefully bring some relief and sense of justice to the families and the people who fought so hard to stop this tragedy from happening.

The outcome of the inquest brings us closer to holding those who were responsible, accountable. The Health Ombud found that decision makers in government failed to follow policies and listen to the voices of experts and rushed the move of vulnerable patients into the care of unlicensed NGOs. This move of patients to unlicensed NGOs cast a shadow on the good work done by licensed and compliant NGOs who have provided care and services to vulnerable communities for decades.

The pain my family and I experienced from the Life Esidimeni tragedy is profound and extremely personal. Judge Teffo’s ruling represents a significant moment not only for me but for all families affected. While it acknowledges our deep loss and suffering, it also shines a light on the systemic failures that contributed to this disaster. This decision feels bittersweet, as it validates our pain and renews our hope that the lessons learned will lead to meaningful change in mental health care and policy. For the families, this ruling is a reminder that our voices have been heard, and it reinforces our commitment to advocate for justice and support. I hope that the National Prosecuting Authority (NPA) will take decisive action in holding those responsible accountable, ensuring that such a tragedy never happens again. Together, we will continue to strive for a future where all families can find peace and healing, knowing there is still much work to be done.” – Christine Nxumalo, Life Esidimeni Family Committee Member

SAFMH is concerned that despite the Life Esidimeni tragedy, where government failed to provide the NGOs with much needed resources for the care and support of the mental health care users, the Gauteng Government continues to take ill decisions by stopping subsidies in April 2024 to the hundreds of NGOs that provide care to the community, leaving vulnerable communities destitute. Government departments have been progressively reducing subsidies to NGOs without proper consultation and planning which can have devastating consequences for the poor and marginalised. The outcome of this Inquest will serve to remind all government departments, provincial and national that they will be held responsible for poor decision making.

Failing to provide care, where such failure leads to death, can result in a conviction. The Life Esidimeni inquest ends impunity for the deaths of so many vulnerable people. It is a high point in the quest for accountability in the health system and beyond, and a warning to politicians and officials who are reckless with people’s lives. The ball is now in the NPA’s court.”– Sasha Stevenson, Executive Director at Section27

The launch of the new Mental Health Policy Framework 2023-2030 provides clear guidelines on the roles and responsibilities of the different government departments and the critical role of community-based organisations in caring and providing support to persons with mental health conditions. The policy also makes provision for the National Department of Health to monitor the implementation of the MHPF so that provincial governments can be held accountable and ensure that rights of persons with mental disabilities are upheld. In the end justice must prevail.

– Bharti Patel, SAFMH National Executive Director

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