Court delays disciplinary action against top Esidimeni officials

Health ombudsman Professor Malegapuru Makgoba at a media conference on the deaths of mentally ill patients transferred from Life Healthcare Esidimeni. Picture: Jacques Naudé

Health ombudsman Professor Malegapuru Makgoba at a media conference on the deaths of mentally ill patients transferred from Life Healthcare Esidimeni. Picture: Jacques Naudé

Published Oct 15, 2017

Share

Johannesburg - The disciplinary cases of two top Gauteng health department officials have been put on hold pending the finalisation of their appeal against Health Ombudman Malegapuru Makgoba's findings about the deaths of patients transferred from Life Esidimeni to unsuitable NGOs, the Democratic Alliance said on Sunday.

This was revealed by Gauteng health MEC Gwen Ramokgopa in a written reply to a questions in the Gauteng legislature, DA MPL Jack Bloom said.

"Ramokgopa says that Dr Barney Selebano (head of department) and Dr Makgabo Manamela (director: mental health) have been charged with seven and eight charges respectively, including fraud, misleading the provincial legislature and the public, gross negligence, gross dereliction of duties, breaches of laws, and bringing the department into disrepute," he said.

However, "the Pretoria High Court has ordered that the disciplinary hearing should be put on hold pending the finalisation of the appeal process at national level against the health ombud's recommendations". Bloom said he was dismayed by the delay in the appeal process and the disciplinary cases.

Meanwhile, costs were mounting as the two officials were being paid while on suspension - Selebano had been paid R821 078 and Manamela had received R491 965 from February 1 to September 30. Furthermore, R1.145 million had so far been spent on consultants and legal costs in this matter.

"I am also concerned that the police investigation is so slow and that 21 post-mortem reports have not been completed as disclosed in the current Esidimeni arbitration hearings," he said.

The intended result of these hearings was redress and compensation to the relatives of the deceased patients, but real justice would only be achieved when the perpetrators were charged and convicted in court. This should include former health MEC Qedani Mahlangu who "is the prime person to blame for the whole tragedy", Bloom said.

"I question the competence of the investigators who have been so slow in this matter. How can it be that there are still seven unidentified bodies lying in a mortuary and 59 untraced patients, and we still do not know exactly how many died? Every effort should be made to complete all aspects of the investigation and disciplinary process," Bloom said.

On Friday, it emerged that the number of mental patients who died after they were relocated from Life Esidimeni Healthcare to 27 NGO’s had risen to 141.

Gauteng health department acting head Ernest Kenoshi told the arbitration hearing into the matter that 23 patients died between February and September. ”Subsequent to February after the health ombudsman's report was released more deaths happened. So the number of deaths to date, adding the 118, is 141,” Kenoshi said.

In February, Gauteng premier David Makhura suspended Selebano in the wake of recommendations by Makgoba following the death of 118 psychiatric patients at ill-equipped facilities of various NGOs. Mahlangu tendered her resignation as the saga unfolded.

At the time, Makgoba’s report found that as many as 94 mentally ill patients who were transferred from Esidimeni to unlicensed care centres died of causes that included neglect and starvation. The death toll figure rose over time as more information was discovered by Makgoba, bringing the number of deaths to 118 – a figure he revealed while testifying before the inquiry earlier this week.

The department said the the reasons behind the termination of the Esidimeni contract was to cut costs and put the contract out to tender and allow other service providers to come in.

African News Agency

Related Topics: