Nearly ten years after the Life Esidimeni tragedy, the National Prosecuting Authority has decided to pursue criminal charges against individuals linked to the deaths of psychiatric patients.
This decision follows an inquest that examined whether who should be held responsible.
Held at the Gauteng High Court between July 2021 and late 2023, the inquest determined that 144 mental health patients died in 2016 as a result of negligence and widespread systemic failures within the Gauteng department of health.
In July 2024, Judge Mmonoa Teffo found ex-Gauteng health MEC Qedani Mahlangu and former director of mental health services Makgabo Manamela liable for the deaths of nine patients, including Matlakala Motsoahae, Virginia Machpelah, Terrence Chaba, Frans Dekker, Charity Ratsotso, Deborah Phehla, Lucky Maseko, Daniel Josiah and Koketso Mogoerane.
The fatalities occurred after patients were moved from the Life Esidimeni Care Centre to ill-equipped non-governmental organisations (NGOs).
NPA confirms Life Esidimeni prosecution
The NPA has now confirmed that it will prosecute individuals linked to the tragedy, describing the case as “one of the most serious human rights violations in democratic South Africa”.
The announcement comes after years of investigation and legal processes.
“For nearly a decade, families of the deceased have endured prolonged delays in the pursuit of justice.
“These delays were occasioned by the complexity of the case, the scale of the evidence, and the necessity of ensuring a thorough and legally sound process.
“The NPA acknowledges the pain and frustration experienced by affected families during this period,” a statement released on Monday, 13 April, 2026 reads.
Charges to include culpable homicide
According to the NPA, the timing of the announcement was influenced by internal processes.
The decision by acting Director of Public Prosecutions (DPP) in Pretoria, Marika Jansen Van Vuuren, required approval from former national director of public prosecutions (NDPP) Shamila Batohi before her retirement in January 2026.
The current NDPP, Andy Mothibi, was also briefed on the matter.
“After careful consideration of the inquest findings, supporting evidence, and applicable legal standards, the NPA has resolved that there is sufficient basis to institute criminal prosecutions.
“The charges are expected to include culpable homicide, among others, against those deemed responsible for the unlawful and negligent actions that led to the deaths.
“This decision marks a critical step toward accountability and justice for the victims and their families.”
Further details, including court dates and the full list of charges, are expected to be announced in due course as the case moves forward.
Compensation
According to findings by Dikgang Moseneke, the tragedy resulted in 144 confirmed deaths and 44 individuals reported missing.
In a 2017 arbitration ruling, it was determined that the Gauteng department of health should provide compensation of R1 million to each affected family.
Panyaza Lesufi later reported that, as of September 2024, the Gauteng provincial government had disbursed R159.5 million to 134 families who participated in the arbitration process.
An additional R348.7 million was paid to families who did not take part.
