The FF Plus will request the National Prosecuting Authority to charge the individuals implicated in the Life Esidimeni tragedy, who knew that the Non-Profit Organisations (NPOs) could not provide proper care for psychiatric patients, with murder and not only with negligence in terms of criminal law.
During the arbitration hearing concerning the Life Esidimeni tragedy, former Chief Justice Dikgang Moseneke found that public officials acted unlawfully and irresponsibly by moving the patients to care units and unlicensed NGOs.
A total of 144 psychiatric patients died between April and June 2016 after the Gauteng Department of Health moved them from Life Esidimeni to various unlicensed NGOs.
It meets the requirements for dolus enventualis, which was also used in the Oscar Pistorius case in which he was found guilty of the murder of his girlfriend, Reeva Steenkamp.
The Gauteng government was aware of the fact that the NGOs are not really geared for taking care of psychiatric patients, but it reconciled itself to that fact.
The FF Plus will also request an investigation into how the incompetent service providers were recorded on the Department's database given their apparent inability.
The FF Plus is of the opinion that that the provincial Department of Health and the Gauteng government were fully aware of the fact that the said NGOs are not able to care for psychiatric patients.
The Life Esidimeni tragedy once again proves that the ANC considers Black Economic Empowerment as nothing more than an opportunity for tenderpreneurs to make money even if it costs human lives.
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