South Africa: Vindication of the Rights of Those With Mental Illnesses to Be People

analysis

Listening to Justice Moseneke for three hours felt like a form of water torture. I wanted to put a pause on the words that described the multiple and serial human rights violations and assaults. Or perhaps just fast-forward through the thickets of ugliness and sorrow to get to the end. But this was real time. No such numbing facility existed.

"Ms Mahlangu, Dr Selebano and Dr Manamela ... refused to stop the mass transfer of mental health care users to non-governmental organisations not fit for purpose. They chose, knowing all the facts and risks, not to be responsive to the reasonable and lawful request and demands of the claimants. Their attitude was perhaps summarised by Ms Mahlangu who on one occasion retorted that: "If I were a prophet Justice, I would have had foresight." - Judgment of Justice D Moseneke, para 199.

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