The Gauteng mental health project in which at least 94 mentally ill patients died in appalling conditions, is a tragedy of the first order. In his damming report, the health ombud, Prof Malegapuru Magoba listed certain adverse findings, inter alia, that patients died unlawfully of starvation, thirst and the cold in overcrowded nongovernmental organisation (NGOs), all 27 were operating under invalid licences. He also found that the "high-level decision" to terminate the Life Esidimeni contract was taken "precipitatively". He also found that the actual transfer was "a total shambles". Mentally ill patients, by virtue of their condition, are probably the most vulnerable group and minority of persons in our land. They, like all persons in our land, have fundamental rights as enumerated in the Bill of Rights, contained in our Constitution. However, rights are not self-executing and have to be executed in general by the holders of the rights. This mentally ill patients cannot do, so these...

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