The courts have not emerged unscathed from the saga of the deaths of 94 psychiatric patients at the hands of uncaring, incompetent Gauteng health officials, notes Legalbrief. Recapping several explicit warnings – and evidence – about the pending disaster that were ignored, Rapport also touches on the role played by the judiciary in the process. It points out that lobby group Section27 went to court more than once to interdict the transfers of the patients to NGOs and to intervene in the situation.

When Section27 approached the court for a second time in March 2016, the application was dismissed due to a lack of urgency. Solidarity’s charity wing, Helping Hand, openly blames the judiciary for failing to intervene. Helping Hand brought an urgent application in the Gauteng High Court (Pretoria) on 9 July on behalf of one of the beleaguered NGOs, Siyabadinga, requesting the court to appoint a curator to investigate negligence and abuse of patients. The court proceedings were postponed several times, says Helping Hand’s Ernst Vorster. Judge Peter Mabuse finally dismissed the application on 9 August without providing reasons. The organisation approached the Deputy Judge President and on 30 August the latter undertook to reprimand Mabuse and to urge him to provide reasons for the judgment as Helping Hand sought to appeal. As of last week – five months later – Helping Hand was still awaiting the reasons, notes the report.

Full report in Rapport

Experts claim it could prove difficult for families of the Life Healthcare Esidimeni patients who died to launch successful civil suits against Gauteng’s Health Department. According to a report in The Star, Gary Austin, of Gary Austin Inc, believes the families would not succeed because SA’s common law only recognised civil suits for applicants who could prove that they would suffer financial strain as a result of the death of a breadwinner caused by negligence. Austin also emphasised that claims of psychological trauma might not work in SA courts. ‘Unless you can prove the death was so devastating to you that you could not work and ended up being a vegetable case, you would not have a case – unfortunately.’ However, his views were countered by private lawyer Nicolette Erasmus, who said that in SA’s law of delict, the right to claim damages was unlimited. ‘The financial loss arises out of a number of different levels. The important level in this case is constitutional rights. In terms of the Constitution, our law guarantees the right to life, the right to healthcare and the right to physical security,’ she said. Karen Vermaak, of Munro, Flowers and Vermaak Attorneys, said there is the potential to sue for the recovery of the funeral expenses as well as a possible claim for emotional shock, ‘which would be subject to proof’.

Full report in The Star (subscription needed)

The DA in Gauteng has opened a case of culpable homicide against former Health MEC Qedani Mahlangu at the Johannesburg Central Police Station. An SABC News report says this comes after the EFF had earlier laid murder charges against Mahlangu over the deaths of at least 94 psychiatric patients who had been transferred to NGOs, and whose licences were invalid. The DA also accused Mahlangu of contravening the Mental Health Care Act and the National Health Act. The DA's Jack Bloom commented: ‘I think these are charges that are likely to stick in court, and we hope that this case is speedily expedited. I have done it, essentially because politicians, typically, get off the hook and the officials become scapegoats. I think everybody should be held accountable in this instance – criminally accountable. The provincial government will certainly not do a criminal case against the former MEC.’

Full SABC News report

The ANC Youth League, however, is to withdraw charges of corruption and culpable homicide it laid against Mahlangu, as well as its call for Premier David Makhura to resign. A BusinessLIVE report says the announcement comes after a tongue-lashing from the ANC which said it was ‘deeply disturbed’ by the ‘inhumane’ statements made by the Youth League in Gauteng following the tragic deaths. The Youth League also called on the ANC to take disciplinary measures against Makhura and Mahlangu for misrepresenting the values and principles of the party. The ANC reprimanded the league for using the deaths of 94 patients in the Life Esidimeni tragedy to grand stand. ‘Death is a harrowing and painful experience‚ most especially in such distressing circumstances. No person should ever grand stand on anyone’s pain. It is for this reason that the ANC finds the statements of the ANCYL in Gauteng atrocious‚ despicable and unbefitting not only (for) members of the ANC but humanity at large‚’ the ANC said in a statement. It said that during this ‘difficult’ period‚ all structures of the movement should be focusing their energies on supporting the bereaved families.

Full BusinessLIVE report