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"title": "Five years after Moseneke report on Life Esidimeni disaster, families ‘are still fighting for truth and justice’",
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"contents": "<span style=\"font-weight: 400;\">Living with a gaping wound, the families of the 144 Life Esidemeni victims are unable to find peace and emotionally recover from the trauma. There was a mass discharge of patients, and many families ended up searching for their loved ones for months. Patients were removed without their medical files, medicine, ID books or their family’s knowledge. The memory of the frantic search for loved ones at different facilities continues to haunt the families.</span>\r\n\r\n<i><span style=\"font-weight: 400;\">Read more in</span></i><span style=\"font-weight: 400;\"> Daily Maverick: </span><i><span style=\"font-weight: 400;\">“</span></i><a href=\"https://www.dailymaverick.co.za/article/2022-11-29-life-esidimeni-seven-years-of-indignity-and-injustice/\"><i><span style=\"font-weight: 400;\">Life Esidimeni — seven years of indignity and injustice</span></i></a><i><span style=\"font-weight: 400;\">”</span></i><span style=\"font-weight: 400;\"> </span>\r\n\r\n<span style=\"font-weight: 400;\">Next month, on 11 April, </span><a href=\"https://www.dailymaverick.co.za/article/2021-11-18-former-health-mec-qedani-mahlangu-inspired-fear-says-marathon-project-manager-levy-mosenogi/\"><span style=\"font-weight: 400;\">former health MEC Qedani Mahlangu</span></a><span style=\"font-weight: 400;\"> is finally expected to appear before Judge Mmonoa Teffo at the inquest at the Pretoria High Court.</span>\r\n\r\n<span style=\"font-weight: 400;\">This is momentous for the families, who are still waiting for answers from government officials who were politically responsible for the mass transfer of more than 1,700 mental healthcare patients. The judicial inquest was set up in 2021 to determine if there is </span><i><span style=\"font-weight: 400;\">prima facie</span></i><span style=\"font-weight: 400;\"> evidence for the prosecution of individuals.</span>\r\n\r\n<b>Visit </b><a href=\"https://www.dailymaverick.co.za/?utm_source=direct&utm_medium=in_article_link&utm_campaign=homepage\"><b><i>Daily Maverick’s</i></b><b> home page</b></a><b> for more news, analysis and investigations</b>\r\n\r\n<span style=\"font-weight: 400;\">For years, families have had to deal with the reality of no one paying the price for their loss. This is despite damning findings made by health ombud Professor Malegapuru Makgoba in 2017 and Moseneke back in 2018.</span>\r\n\r\n<span style=\"font-weight: 400;\">Moseneke said in his report: “The death and torture in the Life Esidimeni tragedy stemmed from the irrational and arrogant use of public power.” </span>\r\n\r\n<span style=\"font-weight: 400;\">Makgoba found that the decision to cancel the contract was “fundamentally flawed, irrational, unwise and inhumane”.</span>\r\n\r\n<span style=\"font-weight: 400;\">Mahlangu rejected the findings.</span>\r\n\r\n<span style=\"font-weight: 400;\">The former MEC blamed her colleagues Dr Tiego Selebano and Dr Makgabo Manamela. She accused them of not disclosing to her that there was not enough food at some of the NGOs to which the patients were transferred. It emerged through autopsy reports that out of sheer desperation some had resorted to eating plastic to ease their hunger cramps.</span>\r\n\r\n<span style=\"font-weight: 400;\">Mahlangu swore that she knew nothing. “No one alleged to me that patients did not have food,” she said.</span>\r\n\r\n<span style=\"font-weight: 400;\">Mahlangu also claimed Selebano and Manamela lied to her about the number of beds available at government institutions. In October, Manamela told the judicial inquest that Mahlangu had a </span><a href=\"https://www.news24.com/news24/health/life-esidimeni-inquest-forceful-qedani-mahlangu-told-us-mental-health-patients-have-to-be-moved-20221019\"><span style=\"font-weight: 400;\">“forceful” management style</span></a><span style=\"font-weight: 400;\"> and officials wouldn’t dare disobey her instructions.</span>\r\n\r\n<span style=\"font-weight: 400;\">Moseneke ordered that the high-ranking trio be held accountable. His report reads: “But what stands out is the breadth and depth and frequency of the arrogant and deeply disgraceful disregard of constitutional obligations, other law, mental health care norms and ethics by an organ of state, its leaders and employees.”</span>\r\n<h4><b>Disturbing event for families</b></h4>\r\n<span style=\"font-weight: 400;\">Mahlangu’s testimony has also been a disturbing event for the families. During her testimony in 2017, loud cries were heard from distraught family members in attendance.</span>\r\n\r\n<span style=\"font-weight: 400;\">Watching the proceedings next month will open old wounds for many. Some have been following it online via a Zoom link, while others feel left out by not having access to all the proceedings, mostly because of financial constraints.</span>\r\n\r\n<p><img loading=\"lazy\" class=\"size-full wp-image-1611434\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2023/03/MC-Life-Esidimeni-March-2023_3.jpg\" alt=\"life esidimeni\" width=\"720\" height=\"486\" /> Thamsanqa and Thandi Mthembu with a photo of Thamsanqua’s late sister Emily. (Photo: Mark Lewis)</p>\r\n\r\n<span style=\"font-weight: 400;\">Thamsanqa Mthembu, who lost his sister Emily in the tragedy, says it is extremely difficult to follow the inquest with limited data and frequent power cuts due to load shedding. “I feel like I’m left behind. At times I struggle to connect to the internet. The load shedding is the biggest problem.”</span>\r\n\r\n<span style=\"font-weight: 400;\">Christine Nxumalo believes it makes it a bit more tolerable to follow proceedings online. “It kept us sane. I can go back to the recordings when I’m mentally prepared to listen again.”</span>\r\n\r\n<span style=\"font-weight: 400;\">Nxumalo, who lost her sister Virginia Machpelah in the tragedy, says that as she prepares for Mahlangu’s testimony, her anxiety levels are through the roof.</span>\r\n\r\n<span style=\"font-weight: 400;\">“I’ve been suffering because of this woman for six years. I’m literally living the whistle-blower-treatment life. I pray that justice will be served. But if nothing else, our loved ones will know that we fought for as long as we could. </span>\r\n<h4><b>‘For healing to happen, they must tell the truth’</b></h4>\r\n<span style=\"font-weight: 400;\">“At some point, somebody must tell the truth. For healing to happen [they] must tell the truth, but I suppose nobody will. For them the truth will mean they will have to pay for it,” said Nxumalo. </span>\r\n\r\n<p><img loading=\"lazy\" class=\"size-full wp-image-1611435\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2023/03/MC-Life-Esidimeni-March-2023_4.jpg\" alt=\"life esidimeni legwabe\" width=\"720\" height=\"480\" /> Lesiba Legwabe doesn’t have a photograph of his late brother Mothofela. He is photographed with a portrait of his late wife Salamina. (Photo: Mark Lewis)</p>\r\n\r\n<span style=\"font-weight: 400;\">Lesiba Legwabe is still battling to deal with his brother Mothofela’s death.</span>\r\n\r\n<span style=\"font-weight: 400;\">“I went for several therapy sessions, but the pain doesn’t stop. I remember last year I went for an interview, but when I entered the room, I burst into tears and I left. I nearly lost my mind.”</span>\r\n\r\n<span style=\"font-weight: 400;\">Mothofela died weeks after he was finally reunited with his family. Legwabe and his wife Salamina spent two months searching for him at various facilities. He was in a wheelchair and he had no ID book or medical records. Despite being easily triggered by his trauma, Legwabe still chooses to follow the judicial inquest proceedings. </span>\r\n\r\n<span style=\"font-weight: 400;\">Meanwhile, Jabulile Hlatshwayo is not holding her breath for any eventual justice to be served. Her stepson Sizwe’s body was in the mortuary for nearly a month before she was informed. He was moved to an ill-equipped NGO without his medical records or ID book.</span>\r\n<h4><b>‘Wounds reopened’</b></h4>\r\n<span style=\"font-weight: 400;\">“Right now, there is enough evidence to put those responsible in jail, but nothing is happening. Since day one, they were ducking and diving. The wounds that were starting to heal gradually, they are reopened and they are starting to bleed,” said Hlatshwayo.</span>\r\n\r\n<span style=\"font-weight: 400;\">At least Hlatshwayo can follow proceedings from home. After spending hundreds of rands on data, she had to install a WiFi router to ensure she had stable connectivity.</span>\r\n\r\n<span style=\"font-weight: 400;\"> “It is not easy to follow the inquest. It would have been easier if it was in person,” said Hlatshwayo.</span>\r\n\r\n<span style=\"font-weight: 400;\">Johannesburg-based trauma therapist Monica Harrison believes it’s important that families prepare themselves psychologically and emotionally before hearing more evidence related to the tragedy. They also need to determine whether they have the emotional capacity to endure the repetition of the traumatic events.</span>\r\n\r\n<span style=\"font-weight: 400;\">“The impact of trauma can be subtle, insidious, or outright destructive. How an event affects an individual depends on many factors, including characteristics and sociocultural factors,” said Harrison.</span>\r\n\r\n<span style=\"font-weight: 400;\">Stuck in a traumatic merry-go-round for the past seven years, the Life Esidimeni families hope they will be provided with some answers, and that those answers will see the arc of justice finally bend their way. </span><b>DM/MC </b>\r\n\r\n<i><span style=\"font-weight: 400;\">All photographs by Mark Lewis. Find more portraits and stories on the Life Esidimeni Portraits website: </span></i><a href=\"https://www.lifeesidimeniportraits.co.za\"><i><span style=\"font-weight: 400;\">https://www.lifeesidimeniportraits.co.za</span></i></a><i><span style=\"font-weight: 400;\"> </span></i>\r\n\r\n<i><span style=\"font-weight: 400;\">There will be an exhibition of the Life Esidimeni Portraits at the </span></i><b><i>Human Rights Festival</i></b><i><span style=\"font-weight: 400;\"> from 24–26 March at Constitutional Hill, Johannesburg. The festival aims to build greater awareness and knowledge around human rights and to promote the importance of an active citizenry working together to bring true justice to our country. The event is free and presents three days of hard-hitting dialogues, entertainment, exhibitions, art and films. For further information write to </span></i><a href=\"mailto:[email protected]\"><i><span style=\"font-weight: 400;\">[email protected]</span></i></a><i><span style=\"font-weight: 400;\">. To see the full programme visit </span></i><a href=\"https://www.constitutionhill.org.za/\"><i><span style=\"font-weight: 400;\">www.constitutionhill.org.za</span></i></a><i><span style=\"font-weight: 400;\">.</span></i>",
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"description": "<span style=\"font-weight: 400;\">Living with a gaping wound, the families of the 144 Life Esidemeni victims are unable to find peace and emotionally recover from the trauma. There was a mass discharge of patients, and many families ended up searching for their loved ones for months. Patients were removed without their medical files, medicine, ID books or their family’s knowledge. The memory of the frantic search for loved ones at different facilities continues to haunt the families.</span>\r\n\r\n<i><span style=\"font-weight: 400;\">Read more in</span></i><span style=\"font-weight: 400;\"> Daily Maverick: </span><i><span style=\"font-weight: 400;\">“</span></i><a href=\"https://www.dailymaverick.co.za/article/2022-11-29-life-esidimeni-seven-years-of-indignity-and-injustice/\"><i><span style=\"font-weight: 400;\">Life Esidimeni — seven years of indignity and injustice</span></i></a><i><span style=\"font-weight: 400;\">”</span></i><span style=\"font-weight: 400;\"> </span>\r\n\r\n<span style=\"font-weight: 400;\">Next month, on 11 April, </span><a href=\"https://www.dailymaverick.co.za/article/2021-11-18-former-health-mec-qedani-mahlangu-inspired-fear-says-marathon-project-manager-levy-mosenogi/\"><span style=\"font-weight: 400;\">former health MEC Qedani Mahlangu</span></a><span style=\"font-weight: 400;\"> is finally expected to appear before Judge Mmonoa Teffo at the inquest at the Pretoria High Court.</span>\r\n\r\n<span style=\"font-weight: 400;\">This is momentous for the families, who are still waiting for answers from government officials who were politically responsible for the mass transfer of more than 1,700 mental healthcare patients. The judicial inquest was set up in 2021 to determine if there is </span><i><span style=\"font-weight: 400;\">prima facie</span></i><span style=\"font-weight: 400;\"> evidence for the prosecution of individuals.</span>\r\n\r\n<b>Visit </b><a href=\"https://www.dailymaverick.co.za/?utm_source=direct&utm_medium=in_article_link&utm_campaign=homepage\"><b><i>Daily Maverick’s</i></b><b> home page</b></a><b> for more news, analysis and investigations</b>\r\n\r\n<span style=\"font-weight: 400;\">For years, families have had to deal with the reality of no one paying the price for their loss. This is despite damning findings made by health ombud Professor Malegapuru Makgoba in 2017 and Moseneke back in 2018.</span>\r\n\r\n<span style=\"font-weight: 400;\">Moseneke said in his report: “The death and torture in the Life Esidimeni tragedy stemmed from the irrational and arrogant use of public power.” </span>\r\n\r\n<span style=\"font-weight: 400;\">Makgoba found that the decision to cancel the contract was “fundamentally flawed, irrational, unwise and inhumane”.</span>\r\n\r\n<span style=\"font-weight: 400;\">Mahlangu rejected the findings.</span>\r\n\r\n<span style=\"font-weight: 400;\">The former MEC blamed her colleagues Dr Tiego Selebano and Dr Makgabo Manamela. She accused them of not disclosing to her that there was not enough food at some of the NGOs to which the patients were transferred. It emerged through autopsy reports that out of sheer desperation some had resorted to eating plastic to ease their hunger cramps.</span>\r\n\r\n<span style=\"font-weight: 400;\">Mahlangu swore that she knew nothing. “No one alleged to me that patients did not have food,” she said.</span>\r\n\r\n<span style=\"font-weight: 400;\">Mahlangu also claimed Selebano and Manamela lied to her about the number of beds available at government institutions. In October, Manamela told the judicial inquest that Mahlangu had a </span><a href=\"https://www.news24.com/news24/health/life-esidimeni-inquest-forceful-qedani-mahlangu-told-us-mental-health-patients-have-to-be-moved-20221019\"><span style=\"font-weight: 400;\">“forceful” management style</span></a><span style=\"font-weight: 400;\"> and officials wouldn’t dare disobey her instructions.</span>\r\n\r\n<span style=\"font-weight: 400;\">Moseneke ordered that the high-ranking trio be held accountable. His report reads: “But what stands out is the breadth and depth and frequency of the arrogant and deeply disgraceful disregard of constitutional obligations, other law, mental health care norms and ethics by an organ of state, its leaders and employees.”</span>\r\n<h4><b>Disturbing event for families</b></h4>\r\n<span style=\"font-weight: 400;\">Mahlangu’s testimony has also been a disturbing event for the families. During her testimony in 2017, loud cries were heard from distraught family members in attendance.</span>\r\n\r\n<span style=\"font-weight: 400;\">Watching the proceedings next month will open old wounds for many. Some have been following it online via a Zoom link, while others feel left out by not having access to all the proceedings, mostly because of financial constraints.</span>\r\n\r\n[caption id=\"attachment_1611434\" align=\"aligncenter\" width=\"720\"]<img class=\"size-full wp-image-1611434\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2023/03/MC-Life-Esidimeni-March-2023_3.jpg\" alt=\"life esidimeni\" width=\"720\" height=\"486\" /> Thamsanqa and Thandi Mthembu with a photo of Thamsanqua’s late sister Emily. (Photo: Mark Lewis)[/caption]\r\n\r\n<span style=\"font-weight: 400;\">Thamsanqa Mthembu, who lost his sister Emily in the tragedy, says it is extremely difficult to follow the inquest with limited data and frequent power cuts due to load shedding. “I feel like I’m left behind. At times I struggle to connect to the internet. The load shedding is the biggest problem.”</span>\r\n\r\n<span style=\"font-weight: 400;\">Christine Nxumalo believes it makes it a bit more tolerable to follow proceedings online. “It kept us sane. I can go back to the recordings when I’m mentally prepared to listen again.”</span>\r\n\r\n<span style=\"font-weight: 400;\">Nxumalo, who lost her sister Virginia Machpelah in the tragedy, says that as she prepares for Mahlangu’s testimony, her anxiety levels are through the roof.</span>\r\n\r\n<span style=\"font-weight: 400;\">“I’ve been suffering because of this woman for six years. I’m literally living the whistle-blower-treatment life. I pray that justice will be served. But if nothing else, our loved ones will know that we fought for as long as we could. </span>\r\n<h4><b>‘For healing to happen, they must tell the truth’</b></h4>\r\n<span style=\"font-weight: 400;\">“At some point, somebody must tell the truth. For healing to happen [they] must tell the truth, but I suppose nobody will. For them the truth will mean they will have to pay for it,” said Nxumalo. </span>\r\n\r\n[caption id=\"attachment_1611435\" align=\"aligncenter\" width=\"720\"]<img class=\"size-full wp-image-1611435\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2023/03/MC-Life-Esidimeni-March-2023_4.jpg\" alt=\"life esidimeni legwabe\" width=\"720\" height=\"480\" /> Lesiba Legwabe doesn’t have a photograph of his late brother Mothofela. He is photographed with a portrait of his late wife Salamina. (Photo: Mark Lewis)[/caption]\r\n\r\n<span style=\"font-weight: 400;\">Lesiba Legwabe is still battling to deal with his brother Mothofela’s death.</span>\r\n\r\n<span style=\"font-weight: 400;\">“I went for several therapy sessions, but the pain doesn’t stop. I remember last year I went for an interview, but when I entered the room, I burst into tears and I left. I nearly lost my mind.”</span>\r\n\r\n<span style=\"font-weight: 400;\">Mothofela died weeks after he was finally reunited with his family. Legwabe and his wife Salamina spent two months searching for him at various facilities. He was in a wheelchair and he had no ID book or medical records. Despite being easily triggered by his trauma, Legwabe still chooses to follow the judicial inquest proceedings. </span>\r\n\r\n<span style=\"font-weight: 400;\">Meanwhile, Jabulile Hlatshwayo is not holding her breath for any eventual justice to be served. Her stepson Sizwe’s body was in the mortuary for nearly a month before she was informed. He was moved to an ill-equipped NGO without his medical records or ID book.</span>\r\n<h4><b>‘Wounds reopened’</b></h4>\r\n<span style=\"font-weight: 400;\">“Right now, there is enough evidence to put those responsible in jail, but nothing is happening. Since day one, they were ducking and diving. The wounds that were starting to heal gradually, they are reopened and they are starting to bleed,” said Hlatshwayo.</span>\r\n\r\n<span style=\"font-weight: 400;\">At least Hlatshwayo can follow proceedings from home. After spending hundreds of rands on data, she had to install a WiFi router to ensure she had stable connectivity.</span>\r\n\r\n<span style=\"font-weight: 400;\"> “It is not easy to follow the inquest. It would have been easier if it was in person,” said Hlatshwayo.</span>\r\n\r\n<span style=\"font-weight: 400;\">Johannesburg-based trauma therapist Monica Harrison believes it’s important that families prepare themselves psychologically and emotionally before hearing more evidence related to the tragedy. They also need to determine whether they have the emotional capacity to endure the repetition of the traumatic events.</span>\r\n\r\n<span style=\"font-weight: 400;\">“The impact of trauma can be subtle, insidious, or outright destructive. How an event affects an individual depends on many factors, including characteristics and sociocultural factors,” said Harrison.</span>\r\n\r\n<span style=\"font-weight: 400;\">Stuck in a traumatic merry-go-round for the past seven years, the Life Esidimeni families hope they will be provided with some answers, and that those answers will see the arc of justice finally bend their way. </span><b>DM/MC </b>\r\n\r\n<i><span style=\"font-weight: 400;\">All photographs by Mark Lewis. Find more portraits and stories on the Life Esidimeni Portraits website: </span></i><a href=\"https://www.lifeesidimeniportraits.co.za\"><i><span style=\"font-weight: 400;\">https://www.lifeesidimeniportraits.co.za</span></i></a><i><span style=\"font-weight: 400;\"> </span></i>\r\n\r\n<i><span style=\"font-weight: 400;\">There will be an exhibition of the Life Esidimeni Portraits at the </span></i><b><i>Human Rights Festival</i></b><i><span style=\"font-weight: 400;\"> from 24–26 March at Constitutional Hill, Johannesburg. The festival aims to build greater awareness and knowledge around human rights and to promote the importance of an active citizenry working together to bring true justice to our country. The event is free and presents three days of hard-hitting dialogues, entertainment, exhibitions, art and films. For further information write to </span></i><a href=\"mailto:[email protected]\"><i><span style=\"font-weight: 400;\">[email protected]</span></i></a><i><span style=\"font-weight: 400;\">. To see the full programme visit </span></i><a href=\"https://www.constitutionhill.org.za/\"><i><span style=\"font-weight: 400;\">www.constitutionhill.org.za</span></i></a><i><span style=\"font-weight: 400;\">.</span></i>",
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"summary": "Sunday, 19 March 2023 marked five years since then Deputy Chief Justice Dikgang Moseneke released his report into the Life Esidimeni arbitration hearings. Moseneke began the hearings in October 2017 by saying the truth about the cancellations of the contracts would be a prerequisite for the families to achieve closure. Yet the truth is still elusive.",
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