State to pay R200 000 to Life Esidimeni Families

JOHANNESBURG- Section 27Advocate Adila Hassim, representing 63 families, announced that an agreement had been reached with the government to pay relatives common law damages of R180,000 for emotional shock and psychological injury and R20,000 to cover funeral expenses.

All the 144 patients families who lost their lives are entitled to the compensation, as the closing arbitration hearings begun on Thursday. It is expected the public hearings will close on Friday before the arbitrator former Chief Justice  Dikgang Moseneke releases his findings, including the compensation which is expected in 30 days.

“The remaining issue that has to be determined is that of constitutional damages,” said Advocate Tebogo Hutamo, representing the state.

The families asked that they should also be compensated by the government’s for its violation of officials’ duties and their rights, if granted, will likely come to a figure much higher than R200,000.

Hassim whilst delivering her closing arguments said, “As if the irrationality of the decision is not bad enough, there was no sense, reason or responsiveness to be found at any point during which this saga unfolded.” “What we find instead is disregard and in some cases contempt for those who warned of the risks, cruelty and serial violations of the law, constitutional rights and obligations.”

“Just and equitable relief is determined by the facts and circumstances of the case at hand,” said Hassim. “Section 38 of the Constitution provides that where a right in the Bill of Rights has been infringed the court may grant appropriate relief.”

Photo Credit- Timeslive

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