Suzen Phoshko listens to Judge Mmonoa Teffo deliver judgment in Life Esidimeni Inquest

Life Esidimeni Inquest

A measure of true Justice
Court Rules Deaths Due to Negligence

“There have been 60 000 pages, 140 days of trial hearing, 19 legal teams, 10 days of legal argument, 36 witnesses and eight years of  legal challenge since the first attempt to interdict the move of mentally ill patients from Life Esidimeni in 2015.  Finally on 10 July 2024,  Judge Mmonoa Teffo delivered her judgment. She found that Ms Mahlangu and Dr Manamela negligently caused the death of nine patients. Finally, a finding of individual responsibility. Even while it remains for the prosecuting authorities to take the next step, this is a measure of true justice. One hopes that it serves a cautionary lesson to public officials who abuse power. May the spirits of the deceased patients find peace. “
Adila Hassim – Advocate of the High Court of South Africa & lead counsel in the Life Esidimeni arbitration and inquest, co-founder SECTION27

Suzen Phoshoko sat glued to her television  waiting for Judge Mmonoa Teffo to pronounce her findings from the Inquest  into the deaths of the people in the life Esidimeni tragedy. One of the people, was Terence Chaba her beloved nephew.

When Teffo ruled against MEC Qedani Mahlangu and Dr Manamela. Suzen felt  huge relief.   “I’m so happy.  After all this time, something is happening.  After 8 years, justice has been served, “ she said.

Then  the Judge  read out Terence’s name and described how he died.  His post-mortem revealed he was  semi-starved and that he developed bronchopneumonia, that contributed to his death.  “Oh it hit me so hard  again,” Suzen says. “Hearing this reminded me that  Terence went through such hell  when he died. And he died alone.”

Sasha Stevenson, Human Rights Lawyer for the Life Esidimeni families and Executive Director of SECTION 27, says this inquest judgement is truly significant,

“Teffo’s finding were a momentous acknowledgement.  That individual officials  in government are accountable for their actions.  An acknowledgment  that Suzen and all the families, have been fighting and waiting for, for so long.

The purpose of this  joint judicial inquest has been to serve as an inquiry into unnatural deaths and to determine, for each death, the identity of the deceased; the cause or likely cause of death; the date of death; and whether, on the face of it, the death was brought about by criminal conduct.

The inquest started in July 2021, and ran for 140 days over two and half years, with witnesses testifying, and in some cases, subjected to days of questioning.  

It would be seven months after closing arguments before Judge Teffo delivered her decision, on 10 July 2024.

While Judge Teffo’s decision highlights only eight of the deaths, the fact that it was made as a result of a joint inquest means that it honours all of the people who died. It is for the NPA to decide on prosecution. But the inquest court decision vindicated families like Suzen’s, who have for so long been waiting for individual accountability and justice.”

Suzen acknowledges the importance of this moment.  “This judgement has  given me some peace, “ she says. “ But this fight is far from over.”

After an eight-year battle, justice for Life Esidimeni 144 hinges on inquest judgment
Daily Maverick (9 July 2024)
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Now for criminal charges - Life Esidimeni families want to see ex-MEC and top official in the dock
News24 (11 July 2024)
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Court finds deaths of 9 Life Esidimeni patients caused by negligence of Mahlangu & Manamela
EWN (10 July 2024)
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+Section27 Inquest Factsheet
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Life Esidimeni Press Articles
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Life Esidimeni Inquest Recording
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