ISSUES AT STAKE: The Constitution is our saving grace
‘The Life Esidimeni tragedy that saw the harrowing death of 144 mental health patients at the hands of the State is a chilling wake-up call that South Africa has a long way to go in upholding basic human rights’, writes RONELLE RAMSAMY
IT has been described as one of the worst human rights violations of the post-apartheid era.
The Life Esidimeni tragedy that saw the harrowing death of 144 mental health patients at the hands of the State is a chilling wake-up call that South Africa has a long way to go in upholding basic human rights.
Ironically culminating on the eve of Human Rights Day, the emotionally charged arbitration hearings revealed how patients were tied up and moved in trucks ‘like cattle’ with many of them later dying from starvation, dehydration and cold at the new facilities.
Other patients are missing to this day. It is still unclear why 1 700 mentally ill patients were moved out of Life Esidimeni which means ‘place of dignity’ to unregistered charities that were unfit to care for them.
In his ruling on Monday, former Deputy Chief Justice Dikgang Moseneke said the most vulnerable mental healthcare users were deprived of their rights and exposed to inhumane suffering while their families were also stripped of their rights and dignity.
He said the death and torture of those who died ‘stemmed from arrogant and irrational use of public power’.
Moseneke ordered that claimants be paid R1-million each by the South African government for Constitutional damages suffered. In addition to this amount, the government was directed to pay R20 000 for funeral expenses to the families and R180 000 to each claimant for the shock and psychological trauma that was caused to them.
Lessons
There are important lessons to be learnt from this catastrophe.
Those who choose to turn a blind eye to gross human rights violations must be held accountable for their actions.
No amount of compensation can bring back a life so checks and balances must be put into place to ensure that horrific happenings of this nature do not repeat themselves.
Much more needs to be done to uphold the rights of the most vulnerable citizens and those in power cannot continue to shift the blame and play the ignorance card.
To build a culture of human rights, it is important for all citizens to know their rights and understand their responsibilities.
The Constitution states that the fundamental rights of all South Africans must be protected and respected.
Various government bodies and institutions have been set up to ensure that rights are protected including among others the South African Human Rights Commission and the Public Protector.
While loved ones may never heal from this gross human rights violation, Monday’s ruling confirms the assurance that we have a Constitution that protects and promotes human rights for all people in South Africa.
