Esidimeni suspects have right to legal defence, say families

Johannesburg- Although families of mental health patients who died after being transferred from Life Esidimeni facilities to different ill-equipped and unregistered non-government organizations (NGO) are frustrated by yet another postponement of the inquest into their relatives’ tragic deaths, they support the judge’s decision to grant everyone implicated legal representation so that her ruling is not questioned at the end of the inquest.

“The judge [Mmonoa Teffo] is correct to insist on legal representation so that her ruling is not questioned at the end of the inquest,” said Christine Nxumalo of the Life Esidimeni Family Committee.


Thus far, only four out of 36 witnesses have appeared before the virtual inquest, which started on July 19.

The inquest is looking into the deaths of at least 144 mental health patients who were moved from psychiatric hospital Life Esidimeni to ill-equipped NGOs and whether anyone can he held criminally responsible.

The inquest was adjourned on Wednesday by Teffo to until October 4 to allow those implicated by Dr Richard Lebethe to seek legal representation. Lebethe, whose testimony was heard last week, was the former acting head of clinical services when the transfer of patients from Life Esidimeni to NGOs was being planned.

He shifted blame and said he was hardly involved in the planning as he had other commitments during this time.

He will also be called back to be cross-examined. This week, former health official Levy Mosenogi admitted that if he was better educated on mental health issues the transfer could have gone smoother.

Mosenogi is the Gauteng health department’s former chief director for planning, policy and research.

“In hindsight, I think that as a project leader I should have had the background knowledge of the mental health specialty in order to implement the project successfully,” he said in a sworn statement read by evidence leader Pieter Luyt.

He said he was roped in as project manager when the project had already started.

He said he realized that the deadline of moving mental health patients by March 31 2016 was impossible and requested an extension of six months to a year.

Mosenogi said he was only granted a three-month extension by the former MEC for health Qedani Mahlangu and the department of health.

He further said he was removed as project manager before completion of the project as he was accused by Mahlangu of being a spokesperson for Life Esidimeni psychiatric hospital, adding he suspected that this was because he suggested the department look into buying the hospital instead of ending the contract and extending the timeline to ensure better planning.

Dr Barney Tiego Selebano, who worked as the Gauteng health department head and resigned during the arbitration, will know next month if his medical licence will be revoked.

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