As the Life Esidimeni hearings come to a close‚ Justice Dikgang Moseneke has thanked the Gauteng government for organising them — and reminded the premier he will be paying compensation to victims’ families.
The Esidimeni hearings were set up after the Gauteng government admitted it was negligent after 143 patients died when 1‚700 mentally-ill patients were moved from the care of Life Esidimeni homes into non-governmental organisations.
Wednesday is the final day of witness testimony after more than 10 weeks of hearings.
The health ombudsman‚ Malegapuru Makgoba‚ who first investigated the deaths‚ suggested the hearings be held to give closure to the families who lost relatives. Gauteng premier David Makhura spearheaded the hearings and frequently met with the families as the process unfolded‚ said Moseneke.
The premier’s office paid for the hearings‚ with R13m set down for three weeks in October‚ but the hearings took far longer‚ stretching into December and going on for about two weeks in January. Makhura’s spokesperson‚ Thabo Masebe‚ says the amount paid for the hearings will, consequently, be much higher than R13m.
The hearing budget covered the cost of 10 advocates‚ lawyers‚ meals for all attendees, and the venue. Family members have also been bused in to the hearings each day.
Following closing arguments next week‚ the retired Constitutional Court judge has 30 days to determine an award for each family in a settlement that is the first of its kind. Usually negligence pay-outs are only for loss of earnings and the medical expenses of those harmed. In this case, there will be an amount attached to the lives of the mentally ill, who earned nothing.
Moseneke praised the government for agreeing to the arbitration hearings and admitting to its liability. "It was good of government to be so magnanimous and not fight over the merits of the case and the cause of people’s death. What remains for me as arbitrator is to find equitable compensation in a variety of forms, but also in money."
He also praised Makhura. "You did much to implement the recommendations of the ombudsman. You did much to make sure the hearings worked well. It has been a wonderful road. I just want to say it publicly."
The families, as well as the Minister of Health and the Gauteng premier, approached Moseneke to ask him to lead the hearings. Moseneke explained that hearings were about a financial apology and learning the truth.
"The one part was to find closure. The one part was to find truth. The other part was equitable redress. This is an arbitration and, premier, you’ll have to pay. I need to find equitable compensation."
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