Johannesburg - Families of the Life Esidimeni victims are outraged at the decision by the National Prosecuting Authority (NPA) not to prosecute government officials, including former Gauteng health MEC Qedani Mahlangu, who were implicated in the deaths of 144 mentally ill patients following the marathon project.
The NPA’s acting director advocate George Baloyi said in a statement that it would not prosecute those officials who were implicated in the deaths because of insufficient evidence, but recommended a formal inquest to be presided by a North Gauteng High Court Judge.
Andrew Pietersen, who represented the families during the alternative dispute resolution hearings chaired by retired deputy chief justice Dikgang Moseneke, called the decision “totally ridiculous”.
“What kind of evidence do they need? There should be more than sufficient evidence from the hearings as well as the comprehensive report submitted by the health ombudsman. We are shocked but we do need to have the evidence consolidated and presented for a successful prosecution and conviction.”
Rashieda Landis, a DA councillor in Johannesburg whose son Sedick Isaacs survived after being transferred to an ill-equipped NGO (Kanana) in Vereeniging, did not mince her words when she said the NPA was being manipulated by the “mighty powers”.
She questioned how the NPA conducted its investigations.
“Qedani (Mahlangu) and (David) Makhura (were) the masterminds behind this unprecedented incident. She was heartless and arrogant on December 7, 2015 when we asked for oversight reports she said all the NPOs were compliant.
“I asked for proof, she laughed she wrapped up by saying, ‘If you don’t want to move your people, I will throw them in the street’. She showed no compassion. I will not leave one stone unturned. This just opened old wounds. Qedani and Makhura must be brought to book. I’m so angry,” said Landis.
Sibusiso Sikhakhane, whose brother, Mduduzi Sikhakhane, is also a survivor, called the NPA’s decision an insult to their families.
“What do they mean when they say ‘enough evidence’? It’s an insult to families, especially those who lost their loved ones. I still feel in this country justice only favours those with high positions.”
Joseph Ngwenya considered his son Zibusiso lucky to have survived after being transferred to another NGO.
He alleged that it seemed everyone who testified at the commission was scared of Mahlangu.
“So advocate Baloyi is also one of them. He is on the side of those who have blood on their hands. People were starting to get closure, but now new wounds are opened by the NPA. I am so angry,” said Ngwenya.
The DA’s Jack Bloom said he was concerned that the NPA said it did not have enough evidence at this stage for a successful prosecution, but he was hopeful that the inquest would find grounds for murder and culpable homicide charges against health department officials and those at the NGOs where people died.
However, Nontsikelelo Mpulo, the head of communications at Section 27, which represented 63 families of the 144 patients who died, welcomed the NPA’s decision to institute a formal and joint inquest into the deaths.
“We are disappointed that the NPA has found that, at this stage, the evidence on hand is not sufficient to sustain criminal charges. But we have been impressed by the dedication of prosecutors seeking justice in this case. We expect that the inquest will provide enough evidence to allow the NPA to prosecute those who were responsible for the tragedy, and that this will result in convictions,” said
Mpulo.
Patrick Hundermark, chief legal executive at Legal Aid South Africa - which represented the survivors - said Section 27 was in a better position to comment. He, however, welcomed the inquest.
“While it is not for us to comment on this matter, in general it is good that an inquest will be held and for a court to determine, after hearing evidence, if there is anyone that could be held responsible for the 144 deaths.”