NPA finally pursues justice for Life Esidimeni victims after nine years of delays

The National Prosecuting Authority (NPA) has announced that it will institute criminal prosecutions against individuals implicated in the Life Esidimeni tragedy, ending a nearly decade-long wait for justice.

The decision follows years of investigation into the deaths of at least 141 vulnerable psychiatric patients, who died between 2015 and 2016 after being unlawfully transferred from licensed care facilities to unregistered, ill-equipped NGOs.

The NPA has described the event as “one of the most serious human rights violations in democratic South Africa”.

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NPA spokesperson Lumka Mahanjana said families were desperately seeking justice after years of delays.

“These delays were occasioned by the complexity of the case, the scale of the evidence, and the necessity of ensuring a thorough and legally sound process. The NPA acknowledges the pain and frustration experienced by affected families during this period,” said Mahanjana.

The final decision, taken by the acting Director of Public Prosecutions, required endorsement from the National Director of Public Prosecutions (NDPP). The incoming NDPP, advocate Andy Mothibi, had to be briefed on the matter before the decision could be communicated to the public. Mothibi has since expressed appreciation for the progress made in the investigation.

The move to prosecute follows a formal inquest presided over by Judge Mmonoa Teffo. The court concluded that several deaths were caused by negligence and systemic failures within the Gauteng Department of Health.

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The inquest identified individuals whose conduct may give rise to criminal liability, including the former Gauteng health MEC, Qedani Mahlangu, and the former director of mental health in Gauteng, Dr Makgabo Manamela.

After reviewing the findings and supporting evidence, the NPA determined there was a sufficient basis for prosecution.

The charges are expected to include culpable homicide against those deemed responsible for the unlawful and negligent actions that led to the deaths.

“This decision marks a critical step toward accountability and justice for the victims and their families. The NPA reiterates its commitment to upholding the rule of law and ensuring that those responsible are held accountable in a court of law,” said Mahanjana.

The NPA will provide updates on court dates and specific charges as they become available.

A historic victory for accountability

The public interest law centre SECTION27 said the NPA’s decision to prosecute was a historic victory for the victims’ families.

Sasha Stevenson, the executive director of SECTION27, said, “It’s such an important step forward in accountability and justice in this case, and it’s really down to the families and their allies fighting for this for so many years.

“This was a group of ordinary people who’ve come together in a tragedy and said they’re not going to let this lie. As a result, we now have this really important decision of the NPA.”

Addressing the NPA’s explanation that the yearslong delay was due to the complexity of the case, Stevenson acknowledged the sheer volume of evidence, adding that the wait had taken a heavy toll on those seeking closure.

“It is a complex matter, and there are a lot of pages that need to be read. The delay has been frustrating for family members and for SECTION27, who have been calling for this for years.”

She said the organisation was relieved that the process was finally moving forward, and welcomed the NPA’s intention to prosecute a mass human rights violation, saying it set a vital legal precedent for the entire South African public health system.

“It’s important that public officials recognise that they cannot be negligent in the decisions that they make and the actions that they take in public office, and that they will be held to account personally when their negligence causes death. It’s hugely important in the health system, and in South Africa overall, that we reach that kind of level of accountability,” she said.

“The inquest judgment demonstrates quite clearly how the negligent conduct of both Qedani Mahlangu and Dr Makgabo Manamela caused the deaths of at least nine mental healthcare users. It’s important that that is recognised and that there is a prosecution to hold people appropriately to account.”

A stark warning to public officials

Mark Heywood, an activist and SECTION27 co-founder, said the NPA’s decision marked a bittersweet milestone.

“It’s been a very long wait for the NPA to make this announcement. It is justice of sorts that there are to be criminal prosecutions, as the families and SECTION27 have always argued there should be,” said Heywood.

“We await the charging of those people as a matter of urgency. It begins a new, and perhaps the last, chapter in the struggle for justice in this tragic issue.”

Heywood expressed concern over the notoriously slow pace of South Africa’s criminal justice system, but pointed out that simply bringing the charges bore massive weight.

“The mere fact that several high-profile individuals are going to have to live for at least a few years with the title of ‘accused of culpable homicide’ hanging around their necks is a step forward. They should carry that stigma, and they should carry that stigma always,” he said.

Heywood lamented that mental healthcare services in South Africa had “not fundamentally improved” since the tragedy. Yet, he views the impending prosecutions as a testament to the sheer tenacity of civil society and the victims’ families.

“The lesson in it is: don’t give up. Where an injustice has been done, particularly an injustice on this scale, you have to stick with it until the end.” He credited Stevenson and family representative Christine Nxumalo for keeping the matter alive over the past decade.

“There is no doubt that if it wasn’t for them, there would not have been an inquest or the continued demand that the NPA does something. One of the worst massacres in our democracy would have been brushed under the carpet,” he said.

Heywood hopes the upcoming trial will serve as a stark warning to politicians and public servants across the country.

“It potentially sets a very big precedent ... it suggests that they are not above the law. It says to officials: behave in a manner that is lawful, that is humane, that listens to good advice, and that heeds warnings when those warnings are made sensibly,” he said.

‘A good shock’ for the families

For Christine Nxumalo, who lost her sister Virginia Machpelah in the tragedy, the NPA’s decision to finally pursue criminal charges brought a wave of overwhelming disbelief.

“I’m in shock,” she said. “I never thought we’d get here. I didn’t think it could take so long to fight for the rights of the most vulnerable.”

Nxumalo described the announcement as a good shock, reflecting on the gruelling decade-long battle the families had endured.

“If you remember, it’s been 10-and-a-half years, actually. After the arbitration, there was a long period before we could get the NPA to even look at it. Eventually, we got the inquest, even though the inquest had initially been requested before the deaths started occurring,” she said.

Nxumalo noted a palpable shift in the NPA’s current approach, a stark contrast to the institutional stonewalling the families had faced for years.

“You know, when there’s someone new in a space, you get the sense that the machinery is turning differently, it’s moving differently, it’s approaching things differently. That’s the sense that we are getting now,” she said.

“The resistance we received all the way from the beginning up until the inquest was immense. To now get to a point of hearing apologies, and that they will be prosecuting and it’s imminent, those are not words that we previously associated with the NPA.”

Nxumalo credited the collective strength of the families and civil society partners for keeping the fight alive.

Nxumalo hopes the trial will send a definitive message to politicians and public servants about the consequences of playing politics with human lives.

“They should act ethically. They should do what they are hired to do, but they must also understand that there are consequences. It may come today, it may come tomorrow, but ultimately it will come,” she said.

Daily Maverick asked Qedani Mahlangu and Makgabo Manamela for comment, but they had not responded by the time of publication. DM