The National Prosecuting Authority (NPA) has confirmed that it will proceed with the prosecution of individuals implicated in the deaths of mental healthcare patients during the Life Esidimeni transfers.
The decision relates to the tragedy that unfolded between 2015 and 2016, in which at least 141 psychiatric patients died after being unlawfully transferred from licensed care facilities to unregistered and inadequately resourced NGOs.
“The National Prosecuting Authority confirms that, following years of investigation and legal processes, a decision has been taken to institute criminal prosecutions in the Life Esidimeni matter,” said NPA Regional Spokesperson Lumka Mahanjana.
The NPA described the case as one of the most serious human rights violations in democratic South Africa, noting the long delay in reaching a final decision.
“The complexity of the matter, the scale of the evidence, and the need for a thorough legal process contributed to the time taken to finalise the decision,” the statement read.
The authority further acknowledged the distress experienced by families of the deceased during the lengthy process. “We recognise the pain and frustration endured by the affected families as a result of the delays in reaching this point,” it said.
The NPA also explained that the final decision required internal approvals following leadership changes within the prosecuting authority earlier in 2026. “The decision had to be endorsed by the National Director of Public Prosecutions, and the incoming NDPP, Advocate A. Mothibi, was subsequently briefed on the matter,” the statement added.
According to the NPA, the NDPP has welcomed progress in the case. “Advocate Mothibi has expressed his appreciation at the progress made and supports that the families and the public be informed of the decision to proceed with prosecution,” the statement said.
The inquest, presided over by Judge Teffo, previously found that multiple deaths were linked to negligence and systemic failures within the Gauteng Department of Health, identifying individuals whose conduct may amount to criminal liability.
“The NPA has, after careful consideration of the inquest findings, supporting evidence, and applicable legal standards, concluded that there is sufficient basis to institute prosecutions,” the statement said.
The charges are expected to include culpable homicide and other related offences.
“This decision marks a critical step toward accountability and justice for the victims and their families,” the NPA said, adding that it remains committed to upholding the rule of law.
Further details including court dates and specific charges, will be communicated in due course.
