LIVE: Moseneke determines compensation for #LifeEsidimeni victims, families
2018-03-19 09:14
Retired deputy chief justice Dikgang Moseneke is announcing the decision on how much the families and victims of the Life Esidimeni tragedy should be compensated, based on findings of the inquiry into the ill treatment and deaths of vulnerable patients.
- For the latest updates, follow News24 reporter Amanda Khoza: @MandaKhoza
An agreement has been reached between the state and civil society groups that families of the Life Esidimeni victims would be compensated R200 000 for "common law damages" - R180 000 for emotional shock, psychological injury and counselling services, while R20 000 is intended for covering funeral expenses.
However, the actual compensation amount is yet to be determined by retired deputy chief justice Dikgang Moseneke, who will have the final say during these proceedings.
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11:12
11:09
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Moseneke: Ms Jacobus was aware that NGOs were not licensed and alerted Dr Manamela who ignored her advise. Dr Manamela fraudently issued licenses to the NGOs despite her not having legal authority to do so #LifeEsidimeni
#LifeEsidimeni: Moseneke: The licences were first issued by Dr Manamela and then later by Dr Selebano. "Some of the NGO's were not licensed at all, some said they could admit more than they could." @TeamNews24
Moseneke questions the validity of the licences that most of the NGOs produced.
#LifeEsidimeni: Moseneke: The arbitration hearings heard that the marathon project was unlawful and fraudulent. "The licenses had many defects." @TeamNews24
#LifeEsidimeni: Moseneke: It was admitted that the NGO's were mysteriously selected. Professor Makgoba's findings were spot on on the matter.@TeamNews24
#LifeEsidimeni: Moseneke: Dr Selebano suggested that the department buy the Life Esidimeni facilities but it is not clear why he did not continue with the purchase option. @TeamNews24
#LifeEsidimeni: Moseneke: "The plan was not to always move the mental care users to NGO's but once the contract ended then Dr Manamela devised a plan to move them to NGO's." @TeamNews24
Moseneke: "More than 95% of the deaths happened at NGOs. The highest number of deaths occurred at five NGOs."
"These NGOs, more than others, turned out to be sites of death and torture of mental health care users under their care."
11:01
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"Cost saving cannot be the reason behind the marathon project... What then, was the real reason?" Moseneke asks.
#LifeEsidimeni: Moseneke finds that the reasons given by Dr Selebano and Qedani Mahlangu to move mental care user to NGO's beached the Constitution. @TeamNews24
#LifeEsidimeni: Moseneke: The department, the user and their families ended up paying much more for the move to NGO's. "The reason to move the patients to NGO's appear to be untrue. The reasons upon the reason are based are irrational"@TeamNews24
Moseneke: "Was cost saving the true reason for terminating the Life Esidimeni contract?"
#LifeEsidimeni: Moseneke: "At Life Esidimeni they paid R320 per user per day and those transfered were to incur a substantially higher cost for care. Was cost saving really the reason why the mental care users were moved to NGO?" @TeamNews24
#LifeEsidimeni: Moseneke says the department asserted the need to contain contain costs but over the months they spent huge amounts of money paying consultants. @TeamNews24
Moseneke: "As for Ms Mahlangu, she claimed rather surprisingly, and unconvincingly, that the department had kept the health advanced institute report away from her. She couldn't explain why the department she headed, would conceal the diagnostic report of this importance..."
#LifeEsidimeni: Moseneke asks why Mahalngu did not ask for the diagnostic report before pulling the "big trigger." "Did she not care?" @TeamNews24
Moseneke: "Most mental health care users were moved far from their family homes and the communities where they were supposed to be reintegrated back into... Both Ms Mahlangu and Dr Selebano justified the move as obeying the auditor general."
"Both Ms Mahlangu and Dr Selebano called the name of the auditor general in vain."
10:49
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#LifeEsidimeni: Moseneke: "The move was rushed...Mental care users were not properly assessed...They were not assisted to be reintegrated back into their communities." @TeamNews24
#LifeEsidimeni: Moseneke: "The testimony of the premier, minister and members of the exec convinced me that the reasons given by the three officials were fabricated." @TeamNews24
Moseneke mentions the role of senior officials in the Life Esidimeni project, and says he will come back to his findings on that later.
#LifeEsidimeni: Moseneke: Ms Mahlangu, Dr Selebano and Ms Manamela gave reasons as to why they moved the patients from Life Esidimeni. "The reasons were irrational." @TeamNews24
#LifeEsidimeni: Moseneke: The end of the contract saw 1711 from Life Esidimeni and moved to NGO that were hand picked by the department. A few were sent home.@TeamNews24
Moseneke mentions former Gauteng health MEC Qedani Mahlangu, who was called to testify at the Life Esidimeni hearings for her part in the tragedy that played out.
#LifeEsidimeni: Moseneke: "In her evidence before me Ms Qedani Mahlangu maintained that the decision was made as a collective." @TeamNews24
#LifeEsidimeni: Moseneke: "The genesis of this terrible death and torture of mental care users was the termination of contract between the department of health and Life Esidimeni. The contract of over 30 years."@TeamNews24
Moseneke: "The defendants are the government of South Africa..."
"What is clear is that claimants also seek Constitutional compensation, something the State has resisted."
10:39
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Moseneke says the last category of claimants seek R1-million in damages.
#LifeEsidimeni: Moseneke pays respect to the deceased and the names of the survivors. "These claimants seek R1m in general for the shock. R50 000 for future therapy, R1m for the Constitutional damage."@TeamNews24
Earlier, Moseneke also confirmed that R1.5m was claimed by Section 27 for "constitutional damages".
10:35
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#LifeEsidimeni: Moseneke: Elixlzabeth Zwane, France Chester, George Shai, Jubillee McKenzie, Sibongile Baloyi, Washington Chauke and Elizabeth Chester are among the 68 mental care users who survives. @TeamNews24pic.twitter.com/liD1wCMisN
Moseneke: "The last category of claimants are 68 in number... They are mental health care users that were caused trauma and mobility, but they survived the marathon project move."
10:32
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Moseneke reads out a list of names from another "category" of claimants.
#LifeEsidimeni: Moseneke: He reads the next category of families, Jabulani Mhlongo, Thami Monyanyi, David Mpofu and Jaco Stall. They too are asking for funeral costs, shock and Constitutional compensation.@TeamNews24
#LifeEsidimeni: Moseneke: The families are asking for their funeral costs to be compensated, for their emotional and shock and the Constitutional compensation. @TeamNews24
#LifeEsidimeni: Moseneke: "They seek the following relief, funeral expensive R20 000, emotional damage, R200 000 and Constitutional compensation of R1m per family." @TeamNews24
#LifeEsidimeni: A woman is handing out tissues to some of the emotional family members. Moseneke has read out the first part of the claims which are 74 people. @TeamNews24
#LifeEsidimeni: Moseneke: Lucky Jeremia Modise, Jonas Modikwe, Sophia Manyanas Molefe, Matlakala Elizabeth Motsoakai, Siyabulelwa Msimanga, Peter Vundla, Jerry Ncanga, Frederick Nelson, Vuyo Qondwane. These are but some of the names of those who lost their lives. @TeamNews24
#LifeEsidimeni: Moseneke says it was a chance for the state to account and apologies for the deaths and torture of those who survived the marathon of the project. @TeamNews24
#LifeEsidimeni: Moseneke: "The arbitration process although unusual was intented to provide closure. They were to cover the deaths or those that died. "It was a space for the families to mourn and grief."@TeamNews24
#LifeEsidimeni: Moseneke says the government is liable to compensate the families of those who died for their suffering. The government tables R200 000 and the claimants accepted. @TeamNews24
#LifeEsidimeni: Moseneke: Goes through the arbitration agreement. "There is thus before no contests about the identities of the people deserving redress." @TeamNews24
Moseneke: "Witnesses included three managers of the NGOs that were used by the government. 59 affidavits were submitted by Section 27..."
"The core dispute to be determined by the arbitrator is to determine the equitable redress."
10:13
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#LifeEsidimeni: Moseneke says the hearings says for 43 days, several witnesses took to testify. Dr Selebano, David Makhura, Qedani Mahlangu were among those that came to give evidence. @TeamNews24pic.twitter.com/R1eB7EJ1IW
#LifeEsidimeni: Moseneke says it's no doubt that after their move 144 mentally care users died another were exposed to trauma but survives. The whereabouts of 44 of the mental survives are not known. @TeamNews24pic.twitter.com/mQ1JTP7362
#LifeEsidimeni: Moseneke: The judgement runs into over 100 pages and covers more than 200 paragraphs, I will go through the important decision.@TeamNews24
#LifeEsidimeni family members anxiously waiting for retired deputy chief Jusitce - Dikgang Moseneke. Health ombud Prof Makgoba is also here pic.twitter.com/PUNoz4Q6MP
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