Eusebius McKaiser asked former Wits associate professor, Advocate James Grant, about the process of laying criminal charges against former Gauteng MEC Qedani Mahlangu.
Health Ombudsman report revealed that Mahlangu and her department mishandled the transfer of Life Esidimeni Hospital patients to various organisations.
Grant says in order to pursue culpable homicide, the law will have to prove that a person negligently and unlawfully caused the death of another person.
Whoever was directly in charge of the patient who then failed the patient by not giving required care, will be a target for a culpable homicide case.— Advocate James Grant
And anybody who is above that person, in anyway causally related, can also be pursued.— Advocate James Grant
Anyone who knew that nurse was under-trained and ought to have known that she was putting a danger to a patient, can be pursued on the basis that through their appointing of unqualified someone negligently caused the death.— Advocate James Grant
The closer you were to the actual patient in terms of the ladder of responsibilities, the more exposed you are to liability.— Advocate James Grant
Listen to the audio below to hear Grant explaining a civil case...
This article first appeared on 702 : What law says about criminally charging Qedani Mahlangu