The Gauteng provincial government’s resistance to paying Constitutional damages to the families who lost their loved ones in the Life Esidimeni tragedy, may be tied to the fear of accepting greater responsibility.

This follows a 2015 Gauteng health department decision to place almost 1700 former Life Esidimeni mental health patients in the care of deadly NGOs. While 144 have since died, a further 12 remain missing.

“The Constitution is so detailed and comprehensive that [the state’s] liability will be increased, [if Constitutional damages are awarded]”, says Penelope Andrews, dean of the University of Cape Town’s (UCT) law faculty. ….more

State is also ‘captured’ by incompetence