Legal Aid SA says it is working around the clock to finalise payments to 19 families of the Life Esidimeni patients after the Gauteng government announced that it had paid more than R159million in compensation for the death and suffering of their loved ones.
The Sunday Independent reported last week that some of the families were frustrated at being left in the dark about when the money would be paid out and by whom.
Legal Aid SA, which was representing 67 survivors and their families, said to date it had processed 48 of the claimants.
Legal Aid SA impact litigation attorney, Siyabonga Keka, revealed that his team was working around the clock to finalise the payment of the full amount as stated in the award to the remaining claimants.
“The outstanding few have some challenges regarding the validity of their banking details and other related issues which are being attended to,” Keka said.
However, Section 27, which represented 63 of the Esidimeni families said all its clients had been paid.
“All of our clients have been paid, and we have a received a draft recovery plan in relation to mental health that we will make comments on,” spokesperson Nomatter Ndebele said.
Gauteng government spokesperson Thabo Masebe, when asked when they would finish implementing all of the recommendations made by Health Ombudsman Justice Dikgang Moseneke, such as the building of a monument in memory of Life Esidimeni patients who had died, said they were still in consultation with the families.
Masebe added that other recommendations, such as the counselling of the families, was done almost immediately after the order was given by Moseneke and all services were made available and were ongoing.
He also said the three former top officials of the department, MEC Qedani Mahlangu, former head of department Barney Selebano and head of mental health directorate Makgabo Manamela, who were found to have behaved unconstitutionally by ending the Life Esidimeni contract, have been reported to their respective professional bodies.
“The officials cited for wrongdoing were reported to the Health Professions Council of SA and to the SA Nursing Council as per the recommendations by the deputy chief justice Moseneke,” said Masebe.
The DA’s Gauteng spokesperson on health, Jack Bloom, said he was aware that payments were made to 134 applicants but there were still outstanding payments to be made by the Gauteng government.
“What is outstanding are payments to the new applicants for financial compensation as Moseneke said that they should also receive this even though they were not part of the arbitration.
“We also need details about what the department has done to ensure that all mental health patients receive quality care, bearing in mind the lessons of the Esidimeni disaster,” added Bloom.