NGOs: NPA must prosecute Mahlangu, Manamela for Life Esidimeni deaths
' The inquest found that the conduct of Ms Qedani Mahlangu and Makgabo Manamela on the face of it caused the tragic deaths of nine mental healthcare users,' said Section27 spokesperson Pearl Nicodemus.
'Today, also marks exactly one year of no action on prosecution from the NPA, despite the judgment from a three-year inquest that concluded in July 2024.
'Section27, the Life Esidimeni family members and the SA Depression and Anxiety Group remind the NPA that the mental healthcare users who died tragic and avoidable deaths while in the care of the state were human beings, with families who loved them and whose dignity and right to life were stolen.
'We remember the lives of Virginia Machpelah, Deborah Phehla, Frans Dekker, Charity Ratsotso, Koketso Mogoerane, Terrence Chaba, Daniel Josiah, Matlakala Motsoahae, and Lucky Maseko and the 135 others who died in this disaster.
' To ensure that we never again see such a disastrous and reckless abuse of public power in our country, the affected families and civil society organisations will continue, until we see justice done, to call on the NPA to prosecute. We urge the NPA to prioritise the prosecution of Ms Mahlangu and Dr Manamela.'
After the judgment, the NPA said it would study it 'to determine whether the NPA will institute criminal prosecutions against the two individuals whom the court found can be held liable for the deaths'.
SowetanLIVE
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Mail & Guardian
9 hours ago
- Mail & Guardian
Court rules unconscious claimants can't claim for pain, suffering or loss of amenities
The Supreme Court of Appeal's ruling sets limits on the scope of an award for pain, suffering and loss of amenities. Photo: File What remedies are available when faced with the devastating reality of a loved one being injured and left in a vegetative state? In June, the Supreme Court of Appeal (SCA) overturned a high court ruling that had awarded R2.2 million in damages to a child who had been left permanently unconscious because of medical negligence — effectively closing the door to similar claims for pain, suffering and loss of amenities of life by unconscious people. Such damages are generally referred to as 'general damages' in South African law. In In October 2015, AAS (the minor child) was born and diagnosed with cerebral palsy. The damages subject to this case arose from the neurological injuries sustained during labour and delivery at the Tshwane District Hospital and Steve Biko Academic Hospital. The cerebral palsy was further complicated by visual and hearing impairments; intellectual disability; intractable, uncontrolled epilepsy and chronic dislocation of the left hip. As a result, he is unable to sit, crawl or walk, nor can he speak. The child has an estimated life expectancy of only 18 to 20 years. The high court found that the child experiences 'twilight moments', brief periods of responsiveness, where although he may not fully appreciate his suffering, he nonetheless endures constant pain and will require medical interventions for the rest of his life. Based on these intermittent moments of consciousness, the court awarded the R2.2 million for general damages. However, on appeal to the SCA, the MEC for health argued that the award was unjustified, contending that the child is in a permanent vegetative state and therefore does not experience pain and is unaware of the loss of amenities of life. The majority judgment of the SCA focused on whether the child's lack of awareness of his injuries was relevant when assessing general damages. In particular, it considered whether a person who is unconscious and unaware of their condition can receive compensation for pain, suffering or loss of enjoyment of life. The court reviewed the high court's decision which had awarded R13 330 578.28 in special damages to cover the child's medical expenses. The SCA found that the high court did not properly consider whether, in light of that significant amount, an additional R2 200 000 for general damages was justified. The SCA carefully examined the child's condition. It found that he has severely reduced mental and physical abilities, cannot care for himself and, according to expert reports, is unaware of his pain and unlikely to ever become aware. The court concluded that the high court's finding that the child experiences brief moments of conscious was not supported by the expert medical evidence The SCA also clarified what is meant by 'twilight moments', saying that the high court had misunderstood the term. These refer to brief, temporary improvements after a brain injury, not signs that someone is aware of pain or their condition. The court noted that while the child might cry from hunger or discomfort, this does not mean he is conscious of suffering. Once it established that the child was in an unconscious state, the SCA considered whether such a person could receive general damages. It ruled that because general damages are meant to compensate for pain and suffering, and this child is not aware of either, such compensation is not appropriate. The court then turned to the loss of amenities of life — the pleasures and experiences that make life enjoyable. In this case, because the child was injured at birth, he never had the chance to enjoy the pleasures of life. Unlike a conscious person who might grieve their losses, he is not able to experience frustration or sadness about his condition. As a result, the court found that an award for loss of amenities would serve no purpose. Last, the court stated that damages should be used for the exclusive benefit of the affected person and not others. Because unconscious claimants cannot use or appreciate such an award, the justification for awarding general damages falls away. It also stressed that when claiming for loss of amenities, the specific losses should be clearly described in the court papers. In its order, the SCA amended the order of the high court by deleting the order awarding general damages for R2.2 million. This ruling is significant because it provides clarity on whether general damages can be awarded to unconscious or severely incapacitated people who are unable to experience pain and suffering or to appreciate a loss of amenities of life. The judgment underscores the principle that an award for damage serves as compensation and should only be awarded where someone has the capacity to experience harm or derive benefit from the award. The SCA has set a precedent that limits the scope of an award for pain, suffering and loss of amenities, particularly in medico-legal claims involving children with profound neurological impairments. This decision is likely to influence litigation involving severely disabled claimants and could shape how courts assess damages in the case of cerebral palsy and other birth-related injuries and defects. Charlise Finch is a candidate attorney and Pierre le Roux a director at Herold Gie Attorneys.
The Herald
12 hours ago
- The Herald
Department disapproves of Operation Dudula's activities at health facilities
The department of health has reached out to the leadership of Operation Dudula for a meeting after the organisation denied foreigners access to public health care facilities. The operation has been targeting foreign nationals in public health facilities, alleging they are placing additional pressure on an already stretched health care system. 'As the department, we have noted the ongoing protest action happening around our health care facilities by members of Operation Dudula and other organised groups. 'We do not condone these actions, which serve to interfere with the provision of health care services in our health facilities,' health department spokesperson Foster Mohale said. Mohale said the concern of Operation Dudula was a societal issue. 'It is not mainly about health, but we believe that with sober minds we can find a long-lasting solution,' he said. TimesLIVE
The Herald
a day ago
- The Herald
Free mobile health screenings rolled out in Nelson Mandela Bay
Six out of 10 natural deaths in SA are caused by preventable diseases — often because they are detected too late. Throughout the week, Eastern Cape residents will have the chance to undergo free, potentially life-saving health checks without leaving their communities. From Monday to Friday, expert medical teams and mobile screening units are visiting Motherwell Community Health Centre (Monday), Chetty Clinic (Tuesday), West End Clinic (Wednesday), Gqeberha Clinic (Thursday) and Zwide Clinic (Friday). The initiative, led by Rio Tinto, PinkDrive and the national department of health, will offer mammograms, pap smears, prostate screenings, blood pressure checks, glucose testing and other services at no cost. According to the National Cancer Registry, 65% of natural deaths in SA are linked to non-communicable diseases such as cancer, heart disease and diabetes. Many of these could be prevented or treated if diagnosed earlier. 'Far too many South Africans are diagnosed late because they don't have access to screening facilities,' PinkDrive CEO and founder Noelene Kotschan said. 'Our model of mobile health care has proven both innovative and effective in bridging this gap.' Last year, the outreach programme reached 7,695 people in two weeks. Organisers hope to screen more than 12,000 individuals this year, along with providing health education. Rio Tinto's Africa Operations and RBM MD, Werner Duvenhage, said the initiative reflected the company's values. 'Through this collaboration, we can extend our reach and make an impact even in areas where we are not physically present,' he said. Qualified doctors, nurses, radiographers and health educators will staff the mobile clinics, with referrals to public health facilities arranged if necessary. The campaign is funded by the Rio Tinto Social Investment Fund, which supports projects aimed at creating lasting socioeconomic benefits. The Herald
