The National Prosecuting Authority (NPA) stated that it will only charge former Gauteng Health MEC Qedani Mahlangu and former head of Gauteng mental health Dr Makgabo Manamela if it finds evidence implicating them in the Life Esidimeni deaths.
This comes after Judge Mmonoa Teffo, who chaired the inquest, released findings implicating Mahlangu and Manamela in the deaths of 10 mentally ill patients on Wednesday.
Teffo said no-one can be held liable for the deaths of the other 133 patients.
The purpose of the inquest was for the court to determine who should be held accountable for the deaths of 141 mentally ill patients who died after being transferred from Life Esidimeni facilities in 2015 and 2016 to ill-equipped Non-Governmental Organizations (NGOs).
The move was implemented as a cost-cutting measure, and patients were sent to ill-equipped facilities after officials failed to conduct due diligence, leading to most of them dying from hunger and hypothermia.
Gauteng NPA spokesperson, Lumka Mahanjana said if there is relevant and admissible evidence to charge the Mahlangu and Manamela, the NPA will not hesitate to take the matter to a criminal trial.
“It should be noted that an inquest does not necessarily equate to a trial-ready case as there may be additional criminal investigations that need to be conducted.
“The NPA will prioritise this matter, together with the SAPS to ensure that any outstanding investigations are expedited so that the DPP can make a decision,” she said
Moreover, Mahanjana said the prosecuting unit was committed in ensuring accountability for any crimes which were committed in relation to the Life Esidimeni tragedy.
“The Director of Public Prosecutions in Pretoria will study the judgment to determine whether the NPA will institute criminal prosecutions against the two individuals whom the court found can be held liable for the deaths,’’ she added.
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