The National Prosecuting Authority has confirmed that a decision has been taken to prosecute individuals implicated in the tragic deaths of mental healthcare users during the Life Esidimeni transfers.
The Life Esidimeni tragedy, which unfolded between 2015 and 2016, resulted in the deaths of at least 141 vulnerable psychiatric patients after their unlawful removal from licensed care facilities to unregistered and ill-equipped NGOs.
It is regarded as one of the most serious human rights violations in democratic South Africa.
The NPA says that for nearly a decade, families of the deceased have endured prolonged delays in the pursuit of justice.
“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.”
NPA National Spokesperson Kaizer Kganyago says the delay in communicating the final decision was due to the incoming head of the NDPP, Advocate Andy Mothibi, having to be briefed about the decision.
After he was briefed, 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 has decided to institute prosecution in this matter.
The inquest proceedings, presided over by Judge Teffo, concluded with findings that several deaths were caused by negligence and systemic failures within the Gauteng Department of Health.
The court further identified individuals whose conduct may give rise to criminal liability.
“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. The charges are expected to include culpable homicide, among others, against those deemed responsible for the unlawful and negligent actions that led to the deaths.”
Kganyago says this decision marks a critical step toward accountability and justice for the victims and their families.
He says further details regarding court dates and specific charges will be communicated in due course.
