Pretoria - A Warrant of arrest has been authorised today for the former head of the mental health directorate at the Gauteng Department of Health during the Life Esidimeni saga in 2016, Dr Makgabo Manamela, after she did not take the stand for the second consecutive day in the inquest hearing into the deaths of mental health patients.
The warrant was, however, held over until September 14.
The Gauteng High Court, Pretoria was told that Manamela is ill and a medical certificate was handed to court stating that she was booked off until September 13. No details were given for her medical condition but her lawyer, Ndivhoniswani Makhani, on Monday said that they were busy finalising her statement regarding her evidence around midnight on Monday, when she complained about a headache.
Judge Mmonoa Teffo and other parties to the inquest were not happy about yet another delay in the proceedings. Judge Teffo issued the warrant for Manamela’s arrest, but held it over to September 14 when she is supposed to return to court.
This sparked some drama, as Makhani said his client was treated unfairly as she had a legitimate medical certificate. He wanted to apply for a special entry to be recorded on the proceedings that there was “an irregularity” as the judge issued the warrant without hearing arguments on Manamela’s behalf.
Advocate Lawrence Hodes SC, acting on behalf of former health MEC Qedani Mahlangu - who is also still due to take the stand later - suggested that the court issue a warrant of arrest for Manamela, but that it be held over until September 14 - the day after her medical leave had lapsed.
Hodes referred to the earlier Life Esidimeni arbitration proceedings before Judge Dikgang Moseneke, where Manamela also asked for a postponement of her evidence. When this was refused she brought a sick note the next day, Hodes said.
Hodes said this was similar to these proceedings, where Manamela on Monday asked for a postponement to September 12 to give evidence, as she was not yet ready to take the stand. This was refused and the judge ordered Manamela to take the stand on Tuesday. But the proceedings had to stand down until today, as Manamela still felt ill.
She was due to take the stand today, but her counsel, however, handed a sick note to judge Teffo, which indicated that she is booked-off until September 13.
Judge Teffo remarked that this delay is “so unfortunate.” “I don't even want to go there,” the judge said.
Evidence leader Pieter Luyt pointed out that the judge was correct in authorising the warrant for arrest, while holding it over to next week, as it was within her power to do so. He said each of the witnesses were at the start of the inquest subpoenaed to appear in court to give their evidence.
Makhani was at one stage so upset about the mentioning of a possible warrant of arrest for his client, that he had to be calmed by the judge. When the warrant was eventually authorised, he wanted the proceedings to continue in camera, as he said his client’s medical condition was a private matter.
It was pointed out to him that Manamela’s condition was never made public and that he himself earlier this week mentioned that she had complained of a headache.
It was eventually decided that Dr Barney Selebano, who was the head of the Gauteng health department at the time of the transfer of the mental health patients, will take the stand on Monday.
Selebano, Manamela and Mahlangu are the last of the witnesses to testify.
Pretoria News