As the inquest into the Life Esidimeni tragedy briefly resumed before being postponed again on Monday, rights group Section27’s senior counsel Adila Hassim complained that it was unacceptable to keep pushing the proceedings to a later date because of one person — Dr Makgabo Manamela.
Hassim, whose client is representing some of the families which lost loved ones in the tragedy, made the remark after the lawyer representing the former Gauteng head of mental health, Dr Manamela, asked for yet another postponement in order to consult with his client.
Manamela was one of the officials who led the programme to transfer 144 mental health patients to NGO under-resourced psychiatric facilities in 2015 after the provincial health department cancelled a contract with private healthcare provider Life Esidimeni.
During her testimony in a 2018 arbitration process chaired by former deputy chief justice Dikgang Moseneke, Manamela said she was not the only one to blame for the tragedy.
On Monday, Hassim argued that the current hearing could not be postponed for Manamela.
“We can’t let Dr Manamela hold these proceedings [back],” she said, noting the inquest was a fact-finding mission and could not prosecute anyone.
“This is not a criminal trial, only if the National Prosecuting Authority finds reason to prosecute, then Manamela will have a chance to defend herself in court.”
“The reason we are here is to ensure that the families of those who died find closure. We are here because of Justice Moseneke’s findings. These delays and postponements are not good also for those families,” Hassim added.
Judge Mmonao Teffo agreed to postpone the inquest until 30 August but expressed her unhappiness with the delay.
Manamela’s lawyer, advocate Russell Sibara, argued that his client had been prejudiced as she had not previously appointed legal counsel to represent her at the inquest .
“This court proceeded last week without Manamela being consulted. A question of conflict of interest should have been seen here,” Sibara said, adding that he would apply to the Pretoria high court to ensure that Moseneke’s report was scrapped from the proceedings of the current inquest.
“That report is poisoning this inquest,” he said.
Moseneke’s 93-page arbitration report, released in 2018, found that there had been abuse of power by officials from the Gauteng health department, who had been accused of intimidating those who were opposed to the transfer of patients. Manamela and Dr Barney Selebano were accused of intimidating clinicians in the process.
Sibara proposed that when the inquest resumed later this month, it should be conducted in an open court.
While agreeing to postpone the inquest, Teffo noted that all parties had indicated their readiness to proceed when it began.
“It’s bad I cannot continue if people complain about [not] being represented. I expect no other excuses in three weeks’ time. I hope I am clear on that,” she said.
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