AS IT HAPPENED: Moseneke orders government to pay #LifeEsidimeni claimants in excess of R1m each

2018-03-19 13:00

Retired deputy chief justice Dikgang Moseneke has ordered that government pay all Life Esidimeni claimants the agreed amounts, with some families awarded over R1m in compensation.

 - For the latest updates, follow News24 reporter Amanda Khoza: @MandaKhoza


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Last Updated at 00:06
19 Mar 12:56

19 Mar 12:50

19 Mar 12:50

Moseneke: "I make the following award..."

1. The government of the Republic of South Africa, as represented by the national Minister of Health, the premier of Gauteng, and member of the executive council of health Gauteng province (hereinafter the government), is ordered to pay the agreed amount of R20 000 to each of the claimants listed in annexures A and B, in respect of funeral expenses.

2. The government is ordered to pay R180 000, to each of the claimants listed in annexures A, B and C, in respect of general damages for shock and psychological trauma.

3. The government is ordered to pay R1-million to each of the claimants listed in annexures A, B and C, as appropriate relief and compensation, for the government's unjustifiable and reckless breaches of Section 1 A and C and D of Section 7, Section 10, Section 12(1) D, Section 12(1) E, Section 27(1) A, Section 27(1) B, Section 195(1) A, B, D, E, F and G of the Constitution, and multiple contraventions of the National Health Act 61 of 2003, the Mental Health Act 17 of 202, that caused the death of 144 healthcare users and the pain and suffering and torture of 1 480 mental healthcare users who survived, and their families. 

As required by the arbitration agreement, the amounts in paragraph 1, 2 and 3, must be paid by the government in lump sum, not later than three months from the date of the publication of this award, and in any event, not later than the 19th of June 2018.

19 Mar 12:47

Moseneke commends the legal counsel that appeared on behalf of the families of victims, who waived some of their fees, and says in that same spirit he "will donate all my arbitrators fees to law schools that will help nurture young women and men committed to defending the vulnerable against the abuse of the high and mighty."

19 Mar 12:41

Moseneke makes mention of criminal proceedings that will "obviously arise" based on the results of the inquiry's findings. Moseneke says he has provided a full report to the SAPS, and it is up to them to do their job properly.

19 Mar 12:40

Moseneke says he won't differentiate between "categories" of claimants, but will make a "uniform award to favour claimants".

19 Mar 12:39

19 Mar 12:33

Moseneke: A legion of constitutional rights have been breached.

19 Mar 12:32

Moseneke now on the matter of compensation, and the infringement of constitutional rights. 

19 Mar 12:31

Moseneke: "Mahlangu failed to explain why she allowed the lives of users to be placed at risk. She brushed aside advice that there would be deaths, and deaths did ensue. Her decision was irrational and reckless." 

19 Mar 12:28

Moseneke: On all accounts, "Mahlangu was at the helm of the marathon project... she was the leader and commander of the project."

19 Mar 12:26

19 Mar 12:26

19 Mar 12:25

Moseneke now moves on to Dr Selebano and his role in the Life Esidimeni marathon project.

Moseneke: "Dr Selebano repeatedly said he was accountable as HOD. He said he was opposed to the marathon project... he was afraid of Ms Mahlangu (who was his political principal) and he carried out the project because of fear of Ms Mahlangu..." 

"This is an extraordinary tale."

19 Mar 12:22

19 Mar 12:21

Dr Manamela was not a victim, but an integral part of the decision-making process, says Moseneke. 

19 Mar 12:20

19 Mar 12:20

Moseneke: "The point here is not what the families did, it is what Dr Selebano, Dr Manamela and Ms Mahlangu did not do. They chose not to stop the project." 

"The public service motto of Batho Pele ("People First") was trampled upon."

19 Mar 12:17

19 Mar 12:16

Families protested against the large-scale move to NGOs right from the beginning, Moseneke says.

19 Mar 12:16

19 Mar 12:15

Moseneke: "Ms Mahlangu and Ms Manamela said they were entitled to empty the Life Esidimeni facilities because the mental health care users had been abandoned." 

19 Mar 12:13

19 Mar 12:13

Moseneke: "All the facts here point to cruelty and torture."

19 Mar 12:12

Moseneke: "The government failed them dismally."

19 Mar 12:10

19 Mar 12:10

19 Mar 12:09

19 Mar 12:08

19 Mar 12:06

19 Mar 12:06
Decision to end the Life Esidimeni contract was irrational, says Moseneke

19 Mar 12:05

19 Mar 12:05

19 Mar 12:04

Dumi Masondo was less than truthful, says Moseneke  

The review board deserted its statutory duties

19 Mar 12:03

19 Mar 12:01
Moseneke lambasts Mental Health review Board: They raised not even a finger to protect the users

19 Mar 11:57

19 Mar 11:56

19 Mar 11:55

Moseneke: "There is no doubt that the NGOs used in the marathon project were bound to keep the records of the mental health care users and to provide proper mental health care for the users..."

19 Mar 11:52

19 Mar 11:51

Moseneke: Public administration officials should be held accountable. 

19 Mar 11:50

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