Esidimeni tragedy: Families, state choose arbitration to resolve dispute

The process of arbitration means the families and the state have agreed to resolve their dispute, without going to the courts.

Retired deputy chief justice Dikgang Moseneke. Picture: Sethembiso Zulu/EWN

JOHANNESBURG – Retired deputy chief justice Dikgang Moseneke says the state and the families of the victims of the Esidimeni tragedy have chosen arbitration to resolve their dispute.

At least 110 psychiatric patients died between March and December 2016 after the Gauteng Health Department terminated its contract with the Life Healthcare Esidimeni facility.

The Health Ombudsman revealed the 27 NGOs that government had transferred patients to were operating unlawfully.

The process of arbitration means the families and the state have agreed to resolve their dispute, without going to the courts.

Moseneke was appointed to lead the dispute resolution process.

He says the state has conceded unconditionally to the legal merits of the claims by the families.

The establishment of the Alternative Dispute Resolution was one of Health Ombudsman Professor Malegapuru Makgoba's recommendations.

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