Former Deputy Chief Justice – Dikgang Moseneke

Advocate Adila Hassim – Legal Counsel Section27

The Arbitration Findings

Former Deputy Chief Justice – Dikgang Moseneke found in favour of the families. He ordered the state to pay R1million in constitutional damages to each claimant for the gross violation of various rights enshrined in The Constitution. These included the right to life, dignity, security from torture and access to healthcare. He also recommended R20 000 towards funeral costs.

Further recommendations included:

• The erection of a memorial for the victims.
• Serious accountability for those responsible: MEC Qedani Mahlangu; Head of Department, Dr Selebano and Director Dr Makgabo Manamela.

Advocate Adila Hassim, Legal Counsel in the arbitration said: “Of all that we learned during the hearings, all of the terrible things, there was one vein that ran coldly through the evidence. And that was the repeated claim by government officials that they were obeying orders, and that they could not take individual responsibility.”

He also ordered the Gauteng Department of Health to develop and implement a mental health recovery plan.
Arbitration

Was justice delivered?
Justice Unfinished