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NGO Threatens Brother Of Deceased Patient

Shammah House NGO

I am appalled that the Shammah House NGO has threatened the brother of a deceased mental health patient who was sent there from Life Esidimeni last year.

Mr Mike Thlolwe (60) died at Shammah House in Cullinan on 12 February this year shortly before an ambulance was to take him to hospital.

Last week on Thursday the NGO sent a letter from a law firm to his brother Ike Thlolwe threatening him with legal action if he did not retract public statements blaming them for poor treatment of his brother.

Health Ombudsman’s Recommendation

According to the legal letter “Our instructions are that our client attended to your brother’s health and welfare according to best practice and followed every relevant protocol … Our client reserves its rights to take any legal action should they become aware of any untrue, unfounded or defamatory statements or insinuations in respect of their conduct.”
Shammah is acting in a very inappropriate and insensitive manner.

I have reported this to Gauteng Health MEC Gwen Ramokgopa and requested her to intervene to resolve this matter.

I am also concerned that Shammah has reportedly been offered a contract by the Gauteng Health Department to continue to accommodate 44 mental health patients.

This is despite the Health Ombudsman’s recommendation that former Esidimeni patients be moved from the unlicensed NGOs.

We need to know that all mental health patients are in suitable facilities that are regularly monitored by health officials.

 

 

Media Enquiries
 
 
 
Jack Bloom MPL
DA Gauteng Shadow MEC for Health
082 333 4222
 
 
 
Image source
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Premier Makhura’s Response To SOPA Debate Welcomed

The DA in Gauteng welcomes Premier David Makhura’s response to the debate on his State of the Province Address, today.

We applaud the Premier for his stance against the violence, destruction and thuggery of the ANC members and affiliates who stormed the Johannesburg City Council yesterday.

We welcome the Premiers instruction that the MEC for Cooperative Governance, Paul Mashatile, will meet with the Executive Mayor of Johannesburg, Herman Mashaba, to dealing with the mayhem which occurred yesterday.

However, it appears as if the storming of the council by the ANC was deliberate and orchestrated.

Given the unrest around xenophobia and other violence in the province, the storming of the council sitting and the violent attacks on a government institution does not bode well for where South Africa is in its democracy.

The DA once again condemns the ANC for its actions in trying to halt service delivery in the province.

The Premier in his response failed to acknowledge that he was in fact well aware of the transferring of mental health patients long before the tragedy of Life Esidimeni 100+ occurred.

We, therefore, reiterate our call for the Premier to do the honourable thing and resign.

 

 

Media Enquiries
 
 
 
John Moodey MPL
DA Gauteng Provincial Leader
082 960 3743
 
Yaseen Carelse
Social Development Cluster Manager
072 721 8613
 
 
 
 
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ANC Shields Premier From Questions On Esidimeni Deaths

Life Esidimeni Contract

The ANC in the Gauteng Legislature’s Oversight Committee on the Premier’s Office and Legislature (OCPOL) has shielded Premier David Makhura from questions relating to his role in the deaths of more than 100 patients transferred to dodgy NGOs after the cancellation of the Life Esidimeni contract.

According to the minutes of a previous OCPOL meeting, the committee had agreed that an agenda item be included “to deliberate on the role of the Premier on the Health Ombudsman’s findings in the Esidimeni report.”

Premier Makhura appeared before the committee yesterday and gave a report on the implementation of the Health Ombudsman’s recommendations in his report.

But I was blocked from asking Makhura why he had not acted on the letter that Wits University occupational therapy students wrote to him on 18 January last year in which they warned about moving the patients from Esidimeni’s Waverley Care Centre in Germiston.

ANC Chief Whip Brian Hlongwa

I also wanted the Premier’s response to the claim made in the Ombud’s report by Dr Barney Selebano, the Head of the Gauteng Health Department, that “the decision to start deinstitutionalization of mental health care users from Life Healthcare Esidimeni was undertaken in the Office of the Premier of Gauteng, the Honourable David Makhura, together with the HoD”.

ANC Chief Whip Brian Hlongwa said that the committee should not be turned into a committee of inquiry on this matter, and Chairperson Godfrey Tsotetsi refused to allow me to put my questions to the Premier.

I am disappointed that the oversight committee is not fulfilling its role in holding the Premier and his office to account for the failure to effectively monitor the disastrous transfer of patients that led to the deaths.

Section 130 (3)

This was despite a plethora of media reports on the plight of the patients and complaints by the relatives, as well as two court applications where the Premier was cited as a respondent.

The DA will use other opportunities to hold the Premier to account, including a no-confidence motion that will table in the Legislature to force his removal in terms of section 130 (3) of the Constitution.

 

 

 

Media enquiries:

Jack Bloom MPL

DA Gauteng Shadow MEC for Health

082 333 4222

[Image source]

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Esidimeni Death Toll Rises

I have been informed of another death of a patient transferred from Life Esidimeni to the Shammah NGO based in Cullinan.

According tohis brother, he died this week and was in an emaciated condition.

This gives urgency to the need to close down the dodgy NGOs and transfer the patients to decent facilities as recommended by the Health Ombudsman in his report on 94 previously identified deaths.

Delays in transferring patients should not add to the immense tragedy of avoidable deaths in this whole sorry saga.

The final death count is likely to be well over a hundred as Health Minister Aaron Motsoaledi noted yesterday that there were 19 unidentified bodies in mortuaries from NGOs where Esidimeni patients were transferred.

I welcome Motsoaledi’s announcement that 22 of the 27 NGOs will be closed based on the assessments of the expert team that he has assembled in this matter.

He also said that seven facilities had already been closed down, including the two Rebafenyi facilities associated with Police Major-General Sandra Malebe-Themba and Tshwane ANC councillor Nosipho Makeke-Tyobeka.

I think it is good that the private health sector will also be used for the patients, including the re-opening of Life Esidimeni facilities in a phased manner. This is necessary because existing state facilities are already over-crowded.

Another positive is the Minister’s commitment to involve the families in approving the appointment of a prominent person to lead the Alternative Dispute Resolution Process as recommended by the Health Ombudsman for healing and redress.

The DA will monitor the implementation of the Ombud’s recommendations which need to be completed within the 45 day deadline.

It is important that the public is kept informed of all steps taken in this tragic matter, including criminal charges that should be laid against all those implicated.

 

 

Media enquiries:

Jack Bloom MPL

DA Gauteng Shadow MEC for Health

082 333 4222

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DA gets oversight committee to probe Premier’s role in 94 deaths

 

A proposal by the Democratic Alliance has been accepted by the Gauteng Legislature’s Oversight Committee on the Premier’s Office and Legislature (OCPOL) to probe the role of Gauteng Premier David Makhura’s office in the deaths of 94 mental health patients after they were transferred to unlicensed NGOs.

At the OCPOL meeting last week on Friday I pointed out that on page 30 of the Health Ombud’s report on the matter the following claim is made by Dr Barney Selebano, the Head of the Gauteng Health Department:

” … the decision to start deinstitutionalization of mental health care users from Life Healthcare Esidimeni was undertaken in the Office of the Premier of Gauteng, the Honourable David Makhura, together with the HoD”.

This claim needs to be investigated as well as the failure of the Premier’s Office and the Premier himself to effectively monitor the disastrous transfer of patients that led to the deaths.

Premier Makhura prides himself on the Ntirhisano Rapid Response War Room but this failed to respond to the concerns of relatives of mental health patients who demonstrated on two occasions outside the headquarters of the Gauteng Health Department.

Furthermore, there was a plethora of media reports on the plight of the patients and complaints by the relatives, as well as two court applications where the Premier was cited as a respondent.

It is simply not credible that the Premier and his office were unaware of the problems and the need for swift intervention.

The Premier also needs to account why he did not fire Health MEC Qedani Mahlangu after she disclosed in response to my questions in the Legislature on 13 September 2016 that 36 patients had died.

I have requested in my letter to OCPOL Chairperson Godfrey Tsotetsi (see below) that a report is requested from the Premier’s office that includes a time-line of the whole decision-making process with regard to the decision to transfer patients from Esidimeni to the NGOs.

Click here to view letter.

I have also requested that the Premier and senior officials should appear before the committee for questions.

Makhura can expect tough questioning at the next OCPOL meeting which should be held within the next two weeks.

Media Enquiries:

Jack Bloom MPL
DA Member of the Oversight Committee on the Premier’s Office and Legislature (OCPOL)
082 333 4222
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DA Lays Charges Against Former Health MEC Qedani Mahlangu

Former Gauteng Health MEC Qedani Mahlangu

The DA is laying charges today against former Gauteng Health MEC Qedani Mahlangu who resigned this week after the devastating findings of the Health Ombudsman’s report into the transfer of mental health patients from Life Healthcare Esidimeni to NGOs without legal licenses where 94 patients died.

In my affidavit, Mahlangu is charged with culpable homicide and with contraventions of the Mental Health Care Act (MHCA) and the National Health Act (NHA).

Click here to view the affidavit.

Culpable Homicide

The crime of culpable homicide is defined as the “unlawful, negligent killing of another human being.”

The Ombud’s Report in numerous instances describes the conduct of the Gauteng Department of Health (GDoH) and by extension the MEC, as negligent. There can be no doubt that the deaths of the patients are as a direct consequence of that conduct, and that the conduct was not in accordance with the NHA, the MHCA and the Constitution.

It is therefore apparent that the MEC, in instructing the termination of the GDoH contract with Life Healthcare Esidimeni, has prima facia met the requirements of culpable homicide.

Section 70 of the MHCA states as follows:

“(1) Any person who – 

(a) misrepresents a fact in any application, report, record, certificate; 

(b) obstructs or hinders any person in the performance of his or her functions; 

(c) neglects, abuses or treats a mental health care user in any degrading manner or allows the user to be treated in that manner; 

…. is guilty of an offence.

The MEC’s false statement in the Legislature on 13 September 2016 in which she said that 36 patients had died whereas the true figure was 77 patients is a prima facie misrepresentation of a fact in a report as considered by Section 70(1)(a) above.

Life Healthcare Esidimeni

Furthermore, the decision by the GDoH to terminate its contract with Life Healthcare Esidimeni at the MEC’s instruction directly resulted in the neglect and abuse of numerous mental health care users. Instigating such treatment, let alone permitting it, is therefore a prima facie offence in terms of Section 70(1)(c).

I also charge the MEC with breaches of the NHA that relate the withholding of adequate health services as required in Section 3(2) and also the failure to provide discharge reports as required in Section 10.

I have laid these charges as it is important that there are consequences for contraventions of the law by politicians and also because I am not confident that the provincial government will lay similar charges against former MEC Mahlangu.

The scale of the deaths and the negligence make this a Medical Marikana that requires accountability from the perpetrators and justice for the victims.

Media are invited to the Johannesburg Central Police Station at 1 Commissioner Street at 12pm where I will be formally laying the charges.

 

 

Media enquiries:

Jack Bloom MPL

DA Gauteng Shadow MEC for Health

082 333 4222

[Image source]

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DA Welcomes Resignation Of Gauteng Health MEC

Health Ombudsman’s Report

I welcome the resignation of Gauteng Health MEC Qedani Mahlangu in the wake of the highly critical findings of the Health Ombudsman concerning the deaths of at least 94 mental health patients.

Premier David Makhura bears part of the blame for this disaster as he should have acted earlier to fire her and taken action to protect the patients, many of whom are still suffering in unsuitable NGOs.

Dr Gwen RamokgopaDr Gwen Ramokgopa

It took 141 days for Mahlangu to resign following the first disclosure of deaths in reply to my question in the Gauteng Legislature on 13 September last year.

I am not impressed with the return of Dr Gwen Ramokgopa as MEC of the Gauteng Health Department. She was mediocre in this position previously and does not have the drive to fix this deeply dysfunctional department.

Premier Makhura has failed badly in this matter and needs to keep his promises to ensure that action is taken against all those implicated, including criminal charges.

 

 

Media enquiries:

Jack Bloom MPL

DA Gauteng Shadow MEC for Health

082 333 4222

[Image source 1 and image source 2]

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Premier Must Take Stern Action Over 94 Patient Deaths

Health Ombudsman’s Report

I am shocked to the core by the revelation today by the Health Ombudsman that 94 psychiatric patients died (and possibly more) after their transfer last year from Life Healthcare Esidimeni.

Health MEC Qedani Mahlangu lied to me in the Gauteng Legislature on 13 September last year when she said that 36 patients had died in the NGOs in which they were placed. Health Ombudsman Malegapuru Makgoba said that on that date 77 patients had already died.

Premier Makhura has to fire Mahlangu and ensure that disciplinary action is taken against the 11 senior health department officials identified in the report.

Criminal Charges

Criminal charges should also be laid against all implicated parties including those in the five NGOs where 80% of the patients died.

Premier Makhura must also ensure that immediate steps are taken to ensure the safety and well-being of all the patients who are still with the NGOs.

Makura’s image has taken a severe blow because of his failure to fire Mahlangu earlier and to replace her with a competent and caring Health MEC.

This is a crisis for the ANC in Gauteng and all those who failed to act earlier against Mahlangu.

I will study the full report and monitor the actions based on its findings.

 

 

Media enquiries:

Jack Bloom MPL

DA Gauteng Shadow MEC for Health

082 333 4222

[Image source]

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Gauteng Health MEC Faces Axe After Patient Deaths Report

Health Ombudsman Professor Malegapuru Makgoba

Gauteng Premier David Makhura needs to act quickly in firing Health MEC Qedani Mahlangu should the leaked findings of the Health Ombudsman’s report into the deaths of psychiatric patients be confirmed when it is released publicly tomorrow.

According to a report in the Sowetan today, Health Ombudsman Professor Malegapuru Makgoba recommends that “The premier of the Gauteng province must, in light of the findings in this report, consider the suitability of MEC Qedani Dorothy Mahlangu to continue in her current role as MEC for health.”

Makgoba reportedly found that 71 patients had died after they were transferred from Life Healthcare Esidimeni to NGOs and other institutions. This figure is a lot higher than the 36 deaths Mahlangu revealed in September last year in response to my questions in the Gauteng Legislature.

According to the leaked report, 96% of the deaths occurred at incompetent and poorly resourced NGOs following “inadequate planning and a chaotic and ‘rushed or hurried’ implementation process.”

National Health Act and the Mental Health Care Act

Makgoba has reportedly further found that there was prima facie evidence of human rights violations by certain officials, certain NGOs and some activities including disregarding the constitution, National Health Act and the Mental Health Care Act.

It was abundantly clear from the start that the Health MEC had bungled the transfer of patients which led to avoidable deaths.

She should have resigned or been fired long ago for her inexcusable neglect.

I await the full details that will be revealed tomorrow by the Health Ombudsman, following which suitable action should be taken against all the implicated parties.

 

 

Media enquiries:

Jack Bloom MPL

DA Gauteng Shadow MEC for Health

082 333 4222

[Image source]

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Shock Report On Patient Deaths

I am concerned by the report today that as many as 80 psychiatric patients may have died in Gauteng last year after the Gauteng Health Department cancelled its contract with Life Healthcare Esidimeni which was caring for about 2000 patients. This is way higher than the 39 deaths that have  previously been reported.

It is unfortunate that the Health Ombudsman’s report has been delayed because Gauteng Health MEC Qedani Mahlangu asked for further time to respond to it.

According to reported leaks about his findings, he calls for Mahlangu and two senior department officials to take responsibility for the deaths.

I hope that Mahlangu meets her deadline to respond to the report by Tuesday this week and that the full report is made public shortly thereafter.

Her day of reckoning is coming closer as she  should have resigned or been fired after the first disclosure of the deaths in September last year after I asked a question about this in the Gauteng Legislature.

There needs to be accountability and relatives of the deceased patients deserve to know the truth as soon as possible.

 

 

Media enquiries:

Jack Bloom MPL

DA Gauteng Shadow MEC for Health

082 333 4222