Nearly a decade later: NPA moves on Life Esidimeni criminal charges

The National Prosecuting Authority (NPA) is moving ahead with criminal charges linked to the Life Esidimeni tragedy, nearly a decade after the deaths of mental health patients shocked South Africa.

The decision follows years of investigations, inquests and findings that pointed to negligence and systemic failures within the Gauteng health system.

Culpable homicide charges are likely

Legal analyst Benedict Phiri said those implicated are most likely to face charges of culpable homicide.

In South African law, culpable homicide refers to the unlawful and negligent causing of death.

Phiri explained that officials who had a legal duty to care for vulnerable patients and failed to act could be held criminally liable.

“If you stand in a protective or care relationship with somebody and you don’t act… and it causes their death, you can be found guilty of culpable homicide,” he said.

The charges are expected to focus on former Gauteng health MEC Qedani Mahlangu and former mental health director Makgabo Manamela.

Inquest findings strengthen case

The move to prosecute comes after a 2024 inquest found the two officials liable for the deaths of at least nine patients.

That process was built on earlier findings, including the arbitration led by former Deputy Chief Justice Dikgang Moseneke and investigations by the health ombud.

Those proceedings produced sworn evidence that can now be used in criminal court.

Phiri said this body of evidence has helped ‘codify’ the case, making prosecution more viable despite the legal complexity.

Why did it take so long?

The NPA has attributed delays to the volume of evidence and the complexity of the case.

More than 140 mental health patients died in 2016 after being moved from Life Esidimeni facilities to unlicensed NGOs.

The tragedy exposed widespread failures in planning, oversight and patient care within the Gauteng Department of Health.

Questions over political accountability

Some have questioned why former Gauteng Premier David Makhura is not facing charges.

However, Phiri said there was no evidence from the inquest directly linking Makhura to decisions that led to the deaths.

He added that criminal liability would require proof that Makhura knew the decisions would likely result in fatalities, a threshold not met by available evidence.

Families seek justice

Families of victims have welcomed the NPA’s decision but remain wary after years of delays.

They have warned that any further setbacks in court would undermine confidence in the justice process.

The upcoming prosecutions are expected to test accountability in one of South Africa’s most devastating healthcare failures.

Related: Life Esidimeni prosecutions

— NPA confirms it will prosecute Life Esidimeni-linked individuals

The National Prosecuting Authority says there is sufficient evidence to pursue criminal charges after years of investigation into the tragedy that claimed more than 140 lives.

— Inquest findings pave the way for criminal accountability

A court previously found that several deaths were caused by negligence and systemic failures within the Gauteng health department, identifying individuals who could face prosecution.

— Families and civil groups push for justice after delays

Victims’ families and advocacy groups have long pressured prosecutors to act, staging pickets and calling for accountability over one of South Africa’s worst healthcare disasters.

— Culpable homicide charges expected in landmark case

Prosecutors are expected to pursue culpable homicide charges, marking a significant step toward criminal accountability nearly a decade after the deaths.

For more detailed information, listen to Phiri on 702/CapeTalk using the audio player below: