Move to expunge Moseneke report from Life Esidimeni inquest

The inquest into the 141 mentally ill patients, who died after being moved from different facilities, resumed virtually on Monday. 

This was a second postponement due to issues of legal representation.

On Monday, Manamela's lawyer, Advocate Shavhani Sibara, said his client had been prejudiced. 

Sibari said in the opening remarks, evidence leader Pieter Luyt made serious allegations against his client without him being consulted. 

He said Advocate Adila Hassim, representing the families of the deceased, made submissions that extensively covered the Life Esidimeni arbitration report by former Deputy Chief Justice Dikgang Moseneke.

"The court allowed that to happen before the report could even be admitted into the record. Amongst the submissions made by Advocate Hassim were the findings of Judge Moseneke, which in our view my lady, I submit that has poisoned the mind of this court before the report could be admitted," said Sibari.

Sibari will now apply to the court to have the report expunged from the proceedings as due process was not followed.

Luyt opposed the application, stating that opening statements were not evidence and courts are able to differentiate between the two. 

"He keeps on referring to me as the state, I am not the state my lady. This is inquest proceedings, and your ladyship is in control of thereof. I am not the state, and I am not trying to prove anything. All the documents have been provided to yourself for perusal and the inquest is being conducted by your ladyship and I am only the evidence leader.”

Luyt added that the proceedings are not equal to a criminal trial.

Hassim also believed the suggestion that the inquest should expunge the Moseneke report does not make sense.

"My learned friend makes an astonishing and extraordinary submission to this court that you should have no regard to the arbitration report by Justice Moseneke. I cannot understand that at all. The very same reason we are here stems from that arbitration and the report of Justice Moseneke.

"I haven't heard submissions as to why that should not be entertained other than the procedural objection to the way in which it was admitted. My lady as much as you must consider the representation of all parties, I would urge the court to bear in mind the rights and interests of the families who have been involved in this process for a long time. Who have sought legal representation themselves so that they may participate in these proceedings, the never-ending delays are also prejudiced to the families," said Hassim. 

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