Riyaz Patel
A formal and joint inquest into all 144 deaths related to the Life Esidimeni tragedy is to be held in the High Court of Pretoria before a judge, the Acting Director of Public Prosecutions, Advocate George Baloyi, has decided.
The National Prosecuting Authority (NPA) said Thursday that Baloyi took the decision after careful consideration of all the available information.
An arbitration inquiry into the Life Esidimeni tragedy was established following recommendations by the Health Ombudsman detailing findings into a probe to establish the circumstances surrounding the deaths of 144 mentally ill patients, among 1,711, who were moved from Life Esidimeni healthcare facility to various Non-Government Organisations (NGOs) in Gauteng.
The inquiry, led by retired Deputy Chief Justice Dikgang Moseneke, concluded its work in March 2018 and found that government officials acted in breach of the Constitution when they ended the Life Esidimeni contract and moved patients to NGOs without due regard for their wellbeing and state of health.
In April 2017, the NPA received 144 enquiry dockets regarding the Esidimeni tragedy, and the Acting Director of Public Prosecutions then assigned a team of four experienced advocates to work closely with investigators to build a solid case.
The team grouped all 144 enquiry dockets into one docket which guided the investigations and further documentation that had to be obtained.
“It is this process that has revealed that the evidence at our disposal currently is not enough to prove causation of death nor is it enough to help us link the actions of different role players to the eventual deaths,” the NPA said.
“The State therefore correctly sets out the legal principles applicable to the problem and upon thorough assessment of all the available facts and circumstances, came to a conclusion that the matter be referred for a formal inquest.”
