Life Esidimeni inquest postponed for four weeks

FAMILIES of the 144 Life Esidimeni patients who died will have to wait a further four weeks for the inquest probing their deaths to resume.

Following a day of arguments from various legal teams involved in the legal matter, which is being heard virtually at the Pretoria High Court, Judge Mmonoa Teffo agreed to postpone the hearing to August 30.

She said she believed it was in the interest of justice that the matter be postponed to allow for further consultation by legal teams on the matter.

The inquest is probing whether criminal proceedings should follow against anyone linked to the deaths of the 144 Life Esidimeni patients, who died after being moved to various NGOS.

Proceedings were previously adjourned to allow parties to obtain legal representation.

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

Yesterday, lawyer Shivhani Sibara, for Manamela, criticised the State's handling of the matter regarding Manamela. He accused evidence leader advocate Pieter Luyt of admitting an arbitration report, from the Esidimeni hearings, without consulting Manamela.

The arbitration report was penned by retired deputy chief justice Dikganag Moseneke, and made significant findings against Manamela.

She said she was not consulted before the report was admitted for the inquest.

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

Sibara said he feared these opening statements could have tainted the court's view of Manamela. He said the report was admitted without following proper legal proceedings and he asked the court for a four-week postponement for his team to familiarise itself with the case.

He requested that the arbitration report be expunged from the court record.

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

Hassim also disagreed that there was a need for a postponement, saying the matter had to continue and that the families involved deserved justice.

She said the inquest was not a trial and would result in recommendations from the judge. And if Manamela eventually faced trial, she would have an option to defend herself there.

Hassim said 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 the smooth running of the inquest.

She said four weeks would be enough time to allow for outstanding matters to be dealt with.

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

She has also dismissed the possibility of the arbitration report being dismissed from the court record. She explained that in an inquest, as in a commission, a witness was allowed to protect themselves from possible incrimination.