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nEws in BriEf

Life Esidimeni victims’ families awarded R1,2 million

Government has been ordered to province and non-profit organisations a serious breach in healthcare user
pay victims of the mental healthcare give testimony about the marathon protocol,” said Justice Moseneke.
marathon project a total of R1,2 million project. In a shocking move, in 2016 the
each by no later than 19 June 2018. Life former Health MEC Qedani Mahlangu, The mass move transferred patients
Esidimeni arbitrator and retired deputy who was fingered as the leader of the to unlicensed and ill-equipped NGOs.
chief justice Dikgang Moseneke made project, ordered that mental healthcare “Patients were transported in bakkies,
the order as he read out a condensed users who were based at the Life some with their limbs tied, this was
version of his 100-page judgment on Esidimeni healthcare facility be moved cruel, inhumane and deeply degrading.
20 March, 2018. Justice Moseneke said to cut costs. The mental healthcare users were
the marathon project was inhumane and moved without proper identification and
stripped victims of their dignity. The contract between the mental medical records and were set up for
health care facility, Life Esidimeni and death,” said Justice Moseneke.
“Every element of the marathon project the Department of Health, had been in
trampled on the dignity of the mental place for over 30 years. It was brought Harrowing accounts of the lack of care
health care users in every way. The to a halt under the direction of the former at the NGOs were given by Justice
users were stripped of their dignity in life MEC who instructed the former head of Moseneke who painted a grim picture
and death,” said the arbitrator. A total of department, Barney Selebano, Head of the state of affairs of these facilities.
R1 million is to be paid to the victims for of Mental Health Makgabo Manamela “One of the first patients to die was
constitutional damages for the violation and Chief Director of Planning Levy Ms Deborah Phetla. Her post-mortem
of their human rights. In addition, Mosenogi, to scrap the contract. revealed that she had brown paper and
R200 000 is to be paid by government, plastic bags in her stomach, which she
divided into R20 000 for funeral expenses The termination of the contract resulted ate,” said Justice Moseneke.
and R180 000 for the shock and trauma in the deaths of over 140 patients due
endured by the families. Justice to septicaemia, freezing to death by Justice Moseneke said his office has
Moseneke, who donated his arbitration hypothermia and, in some instances, supplied the South African Police Service
fees to designated law schools, also hunger. The arbitrator wholly rejected with a full record of the proceedings, but
ordered that a remembrance monument Mahlangu’s reasons for the move denied the request that he order the
be erected at a public place to remind based on the contradictory testimony SAPS to investigate. He said that they
future generations of the importance by Finance MEC Barabara Creecy, who should do their job as mandated by the
of the case and of the plight of mental said the Department of Health was given Constitution.
healthcare users. the lion’s share of the provincial budget
year on year. Sadly, 44 patients who were part of the
The award comes after the arbitration marathon project are still unaccounted
hearing saw families, senior government “Ms Mahlangu’s reasons for the move for and remain as missing persons. n
officials from the health department, of the patients were irrational, unlawful
members of the executive council of the and unconstitutional. The move was SAnews.gov.za

6 SERVICE DELIVERY REVIEW | Volume 11 No. 3 of 2018