AFFIDAVIT

I, the undersigned,

JACK BLOOM

(_________________ )

Hereby make oath and state that:

AD DEPONENT

1.

1.1 I am an adult male member of the above details and of full legal capacity, employed
as a member of the Gauteng Provincial Legislature, City Hall Street, Johannesburg and
residing at _______________________

1.2 Unless otherwise indicated, the facts contained in this affidavit are within my
personal knowledge, and are to the best of my belief both true and correct.

AD PURPOSE

2.
 2.1This affidavit concerns possible criminal offences committed by the Gauteng
MEC for Health, Ms Qedani Mahlangu (hereafter referred to as the MEC) in terms
of the Mental Health Care Act, Act 17 of 2002 (hereafter referred to as
the MHCA), the National Health Act, Act 61 of 2003 (hereafter referred to as the
NHA) and in terms of the common law.

THE ALLEGED OFFENCES

3.

3.1On Wednesday 1 February 2017, the health ombudsman, Professor Malegapuru

Makgoba, published a report entitled The report into the circumstances
surrounding the deaths of mentally ill patients: Gauteng Province. No Guns: 94+
Silent Deaths and Still Counting (hereafter referred to as the Report). I attach a
copy of the Report hereto marked Annexure JB1.

3.2 The Report was published pursuant to an investigation into the reported deaths
of mentally ill patients in the Gauteng Province upon request by the Minister of
Health.

3.3The Report reveals that:

3.3.1On 31 March 2016, the Gauteng Department of Health (hereafter referred to

as the GDoH) terminated its contract with the LE Health Care Centre (hereafter
referred to as the LEHCC).

3.3.2 The decision by the GDoH to terminate its contract with the LEHCC was done
at the instruction of, alternatively with authorization from, alternatively under the
supervision of, the MEC who was at that time ultimately responsible for the GDoHs
operations.

3.3.3As a necessary consequence of the GDoHs decision to terminate its contract

with the LEHCC, a programme of action was developed to transfer an estimated
1371 chronic mentally ill patients from the LEHCC to hospitals and NGOs
throughout Gauteng.
 3.3.4 Between 23 March 2016 and 19December 2016, approximately 94 of the
patients transferred died under unlawful circumstances, as determined in the
Report.

3.3.5On 13 September 2016, the MEC announced that the number of mortalities
following on from the decision of the GDoH to terminate its contract with the LEHCC
was 36. A copy of this statement is attached hereto marked Annexure JB2

3.3.6 At the time of the above statement, the number of mortalities was in fact 77.

3.4 The Report further notes the following:

a) That the decision to transfer patients to NGOs that were inter

alia overcrowded, under-capacitated and unprepared was negligent, reckless and in
violation of the Constitution, the NHA and the MHCA.

b) That the decision to transfer precipitously and chaotically without a proper plan and
against the advice of expert and professional practitioners was negligent, reckless and in
violation of the Constitution, the NHA and the MHCA.

4.

4.1 Section 70 of the MHCA states as follows:

(1) Any person who

(a) misrepresents a fact in any application, report, record, certificate;

(b) obstructs or hinders any person in the performance of his or her

functions;

(c) neglects, abuses or treats a mental health care user in any degrading
manner or allows the user to be treated in that manner;

(d) assists or incites a mental health care user

 (i) to abscond from a health establishment at which he or she is
admitted; or

(ii) not to comply with any care, treatment and rehabilitation plan or
terms of a leave of absence or conditional discharge; or

(e) refuses to furnish information or provides false information to a member

of the South African Police Service about the whereabouts of a mental health
care user who has absconded or is deemed to have absconded, under this
Act, is guilty of an offence.

(2) Any person who is found guilty of an offence under this Act is liable on
conviction to a fine or to imprisonment for a period not exceeding six months or to
both such fine and such imprisonment.

4.2 The MECs false statement on 13 September 2016 is a prima

facie misrepresentation of a fact in a report as considered by Section 70(1)(a)
above, and accordingly I submit that the MEC is guilty of such an offence.

4.3Further, the decision by the GDoH to terminate its contract with the LEHCC at
the instruction of, alternatively with authorization from, alternatively under the
supervision of, the MEC directly resulted in the neglect and abuse of numerous
mental health care users, the full extent of which is yet to be realized. Instigating
such treatment, let alone permitting it, is therefore a prima facie offence in terms
of Section 70(1)(c) above, and accordingly I submit that the MEC is guilty of such
an offence.

5.

5.1 Section 3(2) of the NHA states as follows:

(2) The national department, every provincial department and every municipality
must establish such health services as are required in terms of this Act, and all
health establishments and health care providers in the public sector must equitably
provide health services within the limits of available services.

5.2 The decision by the GDoH to terminate its contract with the LEHCC at the
instruction of, alternatively with authorization from, alternatively under the
supervision of, the MEC amounted to the prima facie withholding of adequate health
services as required by the above Section 3(2), and accordingly I submit that the
MEC is guilty of such an offence.

5.3Section 10 of the NHA states as follows:

10.(1) A health care provider must provide a user with a discharge report at the
time of the discharge of the user from a health establishment containing such
information as may be prescribed.

(2) In prescribing the information contemplated in subsection (1), the Minister

must have regard to-

a) the nature of the health service rendered;

b) the prognosis for the user; and

c) the need for follow up treatment.

(3) A discharge report provided to a user may be verbal in the case of an

outpatient, but must be in writing in the case of an inpatient.

5.4The Report notes on page 9 that discharge summaries were not

comprehensive, some without treatment. It is submitted that this constitutes
a prima facie breach of Section 10 above, and accordingly I submit that the MEC is
guilty of a corresponding offence.

6.

6.1 The crime of culpable homicide is defined in S v Whitehead 2008 (1) SACR 431
(SCA) at Para 37 as the unlawful, negligent killing of another human being.

6.2 The Report in numerous instances describes the conduct of the GDoH, and by
extension the MEC, as negligent. There can be no doubt that the deaths of the
patients are as a direct consequence of that conduct, and that the conduct was not
in accordance with the NHA, the MHCA and the Constitution. It is therefore
apparent that the MEC, in instructing, alternatively authorizing, alternatively
supervising the termination of the GDoH contract with the LEHCC has prima
facia met the requirements of culpable homicide, and I accordingly submit that the
MEC is guilty of such an offence.
 7.

I herewith request that the matter be investigated fully, and the appropriate steps
whatsoever they may be - taken to see justice done and the rule of law upheld.

8.

This is all I can declare.

_____________________

DEPONENT: JACK BLOOM

I CERTIFY THAT THIS AFFIDAVIT WAS SIGNED AND SWORN TO BEFORE ME AT

___________________ ON THIS __________ DAY OF
_______________________ 2017. THE DEPONENT HAVING ACKNOWLEDGED
THAT HE/SHE KNOWS AND UNDERSTANDS THE CONTENTS OF THIS AFFIDAVIT
AND I CERTIFY THAT THE REGULATIONS IN TERMS OF SECTION 10 OF ACT 16
OF 1963, AS PUBLISHED UNDER GN. R1258 OF 21 JULY 1972 AS AMENDED BY
GN. R1648 OF 1977 AND GN. R1428 OF 1980 AND GN. R773 OF 1982, HAVE
BEEN COMPLIED WITH.

__________________________
COMMISSIONER OF OATHS
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AREA:________________________________________________

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