Moseneke seeks to subpoena cops in Esidimeni tragedy probe

Dikgang Moseneke says police need to bring information about how far they are with the criminal probes.

FILE: Retired Deputy Chief Justice Dikgang Moseneke is in charge of the Esidimeni dispute resolution process. Picture: Masego Rahlaga/EWN.

JOHANNESBURG - Retired deputy chief justice Dikgang Moseneke says he will seek to subpoena police officers investigating the Life Esidimeni tragedy so that they can testify in the arbitration process.

Moseneke is heading the arbitration process which started this week, seeing five state witnesses including Gauteng and national Health Department officials.

It was revealed on Friday that 141 psychiatric patients died and not the initial 118.

This was revealed by acting Gauteng health HOD Doctor Ernest Kenoshi during his testimony.

Moseneke says police need to bring information about how far they are with the criminal probes.

“I thought we would agree that knowing the police officers involved, we would seek to subpoena them with the dockets and the post-mortem reports, then we can canvass this fully.”


It emerged that post-mortems were only conducted on 26 of the 141 patients who died in the Esidimeni tragedy.

This was revealed by Kenoshi during his testimony in the arbitration process in Parktown on Friday.

It raised serious questions about how the criminal cases will be affected.

Kenoshi said of the 26 post-mortems, the majority were conducted after the Health Ombudsman’s report was released.

“Indeed 26 post-mortems have been performed. Their reports are with the SAPS.”

Moseneke then asked him about the criminal cases against implicated parties and how these cases will continue without the post-mortems.

“Does that mean they were buried without any pathological examinations?”

Kenoshi replied in the affirmative, adding that not all cases required post-mortems and that some family members opted not to have these examinations because they wanted to bury their loved ones at certain times.