The National Prosecuting Authority (NPA) has confirmed that it will move forward with criminal prosecutions in connection with the Life Esidimeni tragedy.
This decision comes after years of investigations and legal processes into the deaths of at least 141 psychiatric patients between 2015 and 2016.
The victims died after being unlawfully transferred from licensed care facilities to unregistered and ill-equipped non-governmental organisations across Gauteng.
In a statement issued on Monday, the NPA said: “Following years of investigation and legal processes, a decision has been taken to prosecute individuals implicated in the tragic deaths of mental healthcare users during the Life Esidimeni transfers.”
The tragedy has long been regarded as one of the most serious human rights violations in democratic South Africa, with families of the victims enduring nearly a decade of delays in the pursuit of justice.
“For nearly a decade, families of the deceased have endured prolonged delays in the pursuit of justice.
“The NPA acknowledges the pain and frustration experienced by affected families during this period,” reads the statement.
Leadership transitions
The prosecuting authority explained that the delays were due to the case’s complexity and scale, as well as procedural requirements.
It added that the final decision was also delayed because the prosecuting authority needed to endorse it during leadership transitions.
“The delay in communicating the final decision was that it had to be endorsed by the NDPP [national director of public prosecutions], who retired at the end of January 2026, and the incoming NDPP, Advocate Andy Mothibi, had to be briefed about the decision.”
Following this process, Mothibi supported the move.
After he was briefed, the NDPP, Advocate Mothibi, expressed his appreciation for the progress in this matter and that the affected families and the public needed to be informed that the NPA had decided to institute prosecution in this matter.
“After careful consideration of the inquest findings, supporting evidence, and applicable legal standards, the NPA has resolved that there is sufficient basis to institute criminal prosecutions.”
Charges are expected to include culpable homicide and other offences against those deemed responsible for the unlawful and negligent conduct that led to the deaths.
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- The National Prosecuting Authority (NPA) has decided to proceed with criminal prosecutions related to the Life Esidimeni tragedy, where at least 141 psychiatric patients died between 2015-2016.
- These patients died following unlawful transfers from licensed care to unregistered and ill-equipped NGOs in Gauteng.
- Delays in prosecution were caused by the case's complexity, procedural requirements, and leadership transitions within the NPA.
- The new National Director of Public Prosecutions, Advocate Andy Mothibi, endorsed the decision to prosecute after being briefed on the case.
- Charges are likely to include culpable homicide and other offenses against those responsible for the negligent and unlawful actions causing the deaths.
In a statement issued on
"For nearly a decade, families of the deceased have endured prolonged delays in the pursuit of justice.
"
It added that the final decision was also delayed because the prosecuting authority needed to endorse it during leadership transitions.
"
After he was briefed, the NDPP, Advocate
"After careful consideration of the inquest findings, supporting evidence, and applicable legal standards, the NPA has resolved that there is sufficient basis to institute criminal prosecutions."
Charges are expected to include culpable homicide and other offences against those deemed responsible for the unlawful and negligent conduct that led to the deaths.
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