SAHRC to probe NW old age home’s ‘complicity’ in murder of elderly resident

Godfrey Thema (80) was killed when Jeremiah Mmatli (75) and Daniel Madumo (92) allegedly assaulted him with their walking sticks in the early hours of Thursday, 30 May 2024. 

Mmatli and Madumo were arrested, but the case against them was later withdrawn after they both died in prison, just days apart, in June. 

On Monday, more allegations involving the centre emerged, including a rape case after one of the staff members was allegedly caught by his colleague in the act of raping one of the centre’s residents who has intellectual disabilities. 

He was charged with two counts of rape and, according to authorities, is expected back in the Brits Magistrate’s Court in August. 

The provincial Department of Social Development confirmed that the facility, a non-profit organization, was not registered in accordance with the Older Person’s Act and had been operating without the relevant license. 

READ: NW old age home facing murder, rape claims not registered – govt

The South African Human Rights Commission in the North West visited the facility on Tuesday. They conducted an inspection and assessment of the building and engaged with the centre’s management and staff.

The delegation from the commission was led by Commissioner Nomahlubi Kwinana, and she was joined by intake officer Betty Mabusela. 

The officials also met with the local police, as SAHRC provincial manager Shirley Mlombo explained: “They did indicate that there was a complaint that has been lodged for investigation but that unfortunately the people who are said to have committed the murder have since been deceased. 

“But we’re continuing to engage with SAPS to find out whether there’s further steps that can be taken because we, prima face, hold the view that there may be a case to answer by the facility, particularly if they were implicit in the events that led to the death of the elderly person even if they didn’t directly cause the death.”

Mlombo added that this will form part of an investigation into whether the centre had been negligent. 

“…[we’ll] assess whether they were complicit and whether there was any negligence on their part that created the conditions for that incident to come about.”

She said questions posed to the police and the centre’s staff about the rape allegation yielded few answers, however, the staff said the claims were untrue. 

This is despite both the National Prosecuting Authority and the provincial police confirming on the record that a rape case linked to the centre was being heard in court. 

A source, who was not aware of the police statement which names the accused, also confirms that they heard rumours that a man of the same name had been arrested for the alleged rapes. 

READ MORE: Old age home of horror: Claims of rape, assaults at NW centre

Mlombo said this, too, will form part of the broader investigation. 

“The information you are sharing about the matter proceeding is in contrast to the information we received, but we’ll definitely also follow up on that.” 

PRELIMINARY FINDINGS DURING INSPECTION

The SAHRC said their initial assessment of the old age home found that there were challenges with the structure, ablution facilities, and training of staff, among others. 

“We found that the sanitation facilities that are currently in use are inadequate. For example, we found that 16 male occupants were sharing one toilet, and 26 female occupants were sharing two toilets. 

“We found that the toilet only had one bath, and as a result, they have to use basins for their personal hygiene,” Mlombo elaborates.

She said they also found that there was a lack of privacy in some of the rooms, with as many as six residents sharing a space with bed crammed next to each other. 

“…also there were challenges picked up with leaking roofs, which caused black mould on the ceilings. The kitchen space was found to be inadequate, and there was no dining area, and as a result, the occupants had to eat outside. You can imagine in this cold weather the circumstances under which they have to eat.” 

Mlombo explained that they found that there was no proper thermal regulation in the rooms which in themselves were very cold.

MENTAL HEALTHCARE USERS RESIDING AT THE OLD AGE HOME

Officials from the Human Rights Commission found that there was no assessment of patients upon admission, and, in the case of mental healthcare users, they were not adequately provided for. 

“There was an issue that was raised regarding the non-separation of mental care users from other occupiers, and inadequate screening of occupiers to determine whether they are mental healthcare users and whether they have specific support needs that need to be catered for by the facility. We found that screening was not taking place, and so the separation could not occur,” says Mlombo. 

She added that this speaks to the inadequate training of staff and confirms that those whom they interviewed at the facility admitted that they were not trained.

“The manager of the facility [Agnes Sekhu] indicated that she is a professional nurse and that she does try to assist with some of the gaps that we have identified in terms of training.”

INTERVENTIONS AND LIABILITY

North West Social Development MEC Sussana Dantjie visited Ipeleng Bagodi just hours after officials from the SAHRC had been there. 

Following a meeting that lasted nearly three hours, Dantjie confirmed that the centre had been ordered to shut its doors and that five facilities had been identified for the relocation of the residents there. 

She said this would be done once consultations with the affected families, which are scheduled to begin next week, had been concluded. 

However, Mlombo said the commission believes while these measures address the immediate problem there are wider systemic issues that the department has to look into. 

“We’re addressing correspondence to the department to probe further into those other issues and to ask them to provide information that can assist in the wider probe.”

When asked if any officials from her department would be held liable for failing to recognize that the centre had been operating unlawfully, Dantjie said she had instructed her head of department to look into that. 

“In terms of the report received from the district, [they] have been in contact with this institution. They didn’t just leave them. They informed them that they don’t comply and told what they need to do to comply. Since 2021, the department has been going through this process with them and trying to help them to comply.” 

Mlombo says that in 2023, the commission monitored at least 20 old age homes in the province where, bar the allegations of rape and murder, similar issues of concern were raised. 

Poor infrastructure, a lack of assistive devices, no medical personnel, poor screening of prospective residents, and chronic funding issues are among some of the many listed challenges. 

Dantjie has since ordered a province-wide audit and assessment of old age homes in the North West.