Pretoria: The National Prosecuting Authority (NPA) will institute legal action against individuals implicated in the Life Esidimeni tragedy. The tragedy unfolded between 2015 and 2016 when psychiatric patients were moved from licensed care facilities to unregistered and ill-equipped centres, resulting in the death of some 141 patients.
According to South African Government News Agency, the decision to prosecute was confirmed by NPA's regional spokesperson Lumka Mahanjana after years of investigation and legal processes. Families of the deceased have endured prolonged delays in the pursuit of justice due to the complexity of the case, the scale of the evidence, and the necessity of ensuring a thorough and legally sound process. The NPA acknowledged the pain and frustration experienced by affected families during this period.
Delay in communicating the final decision was due to the requirement that it be endorsed by the outgoing National Director of Public Prosecutions (NDPP) who retired at the end of January 2026. The incoming NDPP, Advocate Andy Mothibi, had to be briefed about the decision. After being briefed, Advocate Mothibi expressed appreciation for the progress in the matter and indicated that the affected families and public needed to be informed of the NPA's decision to prosecute.
An inquest into the tragedy was launched in 2021, led by Pretoria High Court Judge Mmonoa Teffo. Judge Teffo found that former Gauteng Health MEC Qedani Mahlangu and then Mental Health Director Dr. Makgabo Manamela could be held accountable for the deaths of some patients. The inquest proceedings concluded that several deaths were caused by negligence and systemic failures within the Gauteng Department of Health. Individuals whose conduct may give rise to criminal liability were identified.
After considering the inquest findings, supporting evidence, and applicable legal standards, the NPA resolved that there is sufficient basis to institute criminal prosecutions. Charges, including culpable homicide, are expected against those responsible for the unlawful and negligent actions leading to the deaths. Specific charges and court dates will be communicated in due time.
This decision marks a critical step toward accountability and justice for the victims and their families. The NPA reiterated its commitment to upholding the rule of law and ensuring that those responsible are held accountable in a court of law.
