LIVE FEED: Life Esidimeni Inquest - August 30, 2021

Screengrab: Judiciary RSA/YouTube

Screengrab: Judiciary RSA/YouTube

Published Aug 30, 2021

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Johannesburg - The inquest into the deaths of 144 mentally ill patients after they were moved from Life Esidimeni has resumed.

The inquest had been halted for four weeks.

Last month, following a day of arguments from various legal teams involved in the legal matter which is being heard virtually in the Pretoria High Court, Judge Mmonoa Teffo agreed to a postponement until August 30.

She said it was in the interest of justice that the matter be postponed in order to allow for further consultation from legal teams.

The inquest is probing whether criminal proceedings should be taken against anyone linked to the death of 144 Life Esidimeni patients.

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Proceedings were previously adjourned to allow parties to obtain legal representations.

The legal team representing former Gauteng head of mental health Makgabo Manamela had requested the Life Esidimeni inquest be halted for four weeks.

Lawyer Shivhani Sibara, for Manamela, criticised the State's handling of the matter regarding Manamela. He accused the evidence leader, advocate Pieter Luyt, of admitting an arbitration report, from the Esidimeni hearings, without consulting Manamela.

The arbitration report was penned by retired deputy chief justice Dikganag Moseneke and made significant findings against Manamela.

She said she was not consulted before the report was admitted to the inquest.

Sibara said Luyt and advocate Adila Hassim, representing affected families, had used the report to make statements against Manamela.

Sibara said he feared the opening statements could have tainted the court's view of Manamela. Sibara said the report was admitted without following proper legal proceedings. He asked the court for a four-week postponement for his team to familiarise itself with the case.

He sought that the arbitration report be expunged for the court record.

Some lawyers requested the matter be heard in open court instead of virtually, but Teffo has asked those seeking that to make formal submissions.

She dismissed the possibility of the arbitration report being dismissed from the court record. She said than in an inquest, like in a commission, a witness was allowed to protect themselves from possible incrimination.

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Political Bureau