Tribunal judge Bernard Ngoepe has overturned the health ombudsman’s finding that patients died in "unlawful circumstances" at two NGOs, Masego and Takalani. This is the first ruling to contradict findings by health ombudsman Malegapuru Makgoba on the Life Esidimeni saga, in which more than 141 patients died after being moved to NGOs. The ruling also mentions that the Gauteng health department has for years been transferring patients to NGOs. It also says it is undisputed that Life Healthcare held back medical records of patients from new homes‚ which Life Healthcare denies. The Masego home for the elderly in Krugersdorp and the Takalani home for disadvantaged children in Soweto had appealed Makgoba’s findings. Ngoepe said there was a lack of proof as to how patients had died. "The transfer of patients was rushed and indeed described as chaotic. There are no postmortem reports. It is true that the environments were not ideal. But on the basis of the Ombudsman’s report‚ it is not poss...

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