Life Esidimeni: Families not entitled to constitutional damages
The state has argued that the families of the deceased Life Esidimeni patients are not entitled to constitutional damages.
Advocate Tebogo Hutamo who represents government in this matter presented his closing arguments on Friday.
Hutamo says the families cannot claim constitutional damages since their rights were not violated.
#LifeEsidimeni Justice Dikgang Moseneke shocked by the state's closing arguments. @Gao_Phala has more. pic.twitter.com/ziLXLgbXVi
— Jacaranda News (@JacaNews) February 9, 2018
He says the constitutional violations endured by the deceased patients shouldn't be considered because they are not the ones claiming for constitutional damages.
The state is prepared to spend R1.5 million to compensate the families of the deceased for the trauma they endured.
Hutamo has argued that survivors of the tragedy are entitled to constitutional damages, however he says this matter is not about money.
He sumbitted that consideration for the fact that government officials apologised should be taken seriously as the apologies form part of the purpose of the arbitration process.
On Thursday, advocates representing families of deceased patients, survivors and the missing patients argued that apologies are not enough and families still have unanswered questions.