Life Esidimeni inquest postponed for ‘consultation’

THE Life Esidimeni inquest has been postponed for a month to allow further consultation among legal teams.

Following a day of virtual arguments yesterday, North Gauteng High Court Judge Mmonoa Teffo agreed to a postponement, as the inquest aims to probe whether criminal proceedings should follow against anyone linked to the deaths of 144 patients, who died after being moved to various NGOs.

The legal team representing former Gauteng head of mental health Makgabo Manamela had requested the inquest be halted for four weeks.

Lawyer Shivhani Sibara, for Manamela, accused evidence leader advocate Pieter Luyt of admitting an arbitration report from the Esidimeni hearings without consulting her client.

The arbitration report was written by retired Deputy Chief Justice Dikgang Moseneke, and made significant findings against Manamela.

Sibara also told the court that Luyt and advocate Adila Hassim, representing affected families, had used the report to make statements against Manamela.

Luyt disagreed with Sibara and said opening statements were not meant to incriminate anyone. He said it was not evidence.

“I think it is an insult to your ladyship to submit that your ladyship has been poisoned by what has been said to you in an opening address.

“I am sure that your ladyship is capable of distinguishing between an opening address and evidence,” Luyt said.

Advocate Hassim disagreed with the need for a postponement, saying the matter had to continue and the families involved deserved justice.

She said the inquest was not a trial and would result in recommendations from the judge.

Hassim added that the arbitration report was a crucial admission for the inquest as there would not be an inquest without the report itself.

Judge Teffo said a case management meeting should be held this Friday to ensure a smooth procedure of the inquest. She said a four-week postponement would be enough time to allow for outstanding matters to be dealt with.

Some lawyers had requested the matter be heard in an open court instead of virtually, but Judge Teffo has asked those seeking this to make formal submissions.

She has also rejected the possibility of the arbitration report being expunged from the court record.

She explained that at an inquest, as at a commission, witnesses were allowed to protect themselves from possible incrimination.