9th Interim Report - South Africa Government Online

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He confirms that he, Mr Mahlangu, and Mr Tshabalala assaulted Bongani Mpeyi with open hands, fists and kicked him. Mr Manganye further implicated the following members, who also participated in the assault: (a) (b) (c) (d) (e) (f) Dumisani Saggies Nhlapho; Ntshipi Brian Malaza; Moses Ranaka; Felix Maudekani Phakula; Emmanuel Kediarabeste Tlhabane; and Thabo Mohlale and others. According to Mr Manganye, these warders assaulted Mr Mpeyi after he was apprehended. In his statement Mr Manganye emphasizes that he did not assault Mr Bongani Mpeyi at the office but only assaulted him outside ward G1, at Baragwanath Hospital. Mr Hlabisa testified that he had also consulted with others implicated and had taken statements from the following warders: 1. Moses Moshabele Ranaka; 2. Bethwell Ntimo Mahlangu; 3. Felix Maudekeni Phakula; 4. Gideon Moeketsi Tshabalala; 5. Ntshipi Malaza; 6. Dumisani Saggies Nhlapho; 7. Emmanuel Kediarabetse Tlhabane; 8. Arnold Sebastian Le Kay; 9. Kgomotso Edward Mahuma ; 10. Emmanuel Thabo Ntsoane; 34
11. Sheila Ntombentle Sibiya. He also contacted a certain Dr Geary to find out the cause of the stroke in respect of Mr Mpeyi and the doctor undertook to report on that by the 6 th October 2003. This information was still not available at the time of writing this chapter. Mr Ranaka was in charge of the register of people who were working at Baragwanath on the day in question. A close examination of this register reveals that page 70, a page with the names of the members who were working at Baragwanath on the day in question, is suspiciously missing from the register. He also checked the isolation cell register and the name of Mr Mpeyi does appear on that particular register. In respect of Mr Phakula, he conceded that there was an error in his affidavit in that he was at Baragwanath Hospital when the affidavit was commissioned and not at the Rosebank. He, however, denied that he said he would rectify anything in respect of the affidavit of Mr Nhlapho. He also stated that the affidavit in respect of all these warders were taken freely and voluntarily and that the warders were advised of their rights. He denied that he promised Mr Manganye anything before he took his statement. Save for Mr Manganye’s admission of assault in his affidavit, all the other warders denied the assault on the prisoner, Mr Mpeyi. Mr Bethwell Mahlangu, Mr Manganye and Mr Tshabalala place themselves at the scene of the assault on the day in question in their statements. 35
Page 1 and 2: FINAL JOHANNESBURG COMMISSION OF IN
Page 3 and 4: 2.1 Michael Belligham 48 2.2 Richar
Page 5 and 6: o CHAPTER FOUR 93 CORRUPT PRIVILEGE
Page 7 and 8: EXECUTIVE SUMMARY This report, whic
Page 9 and 10: 1.2.2 suspended immediately pending
Page 11 and 12: CHAPTER TWO : THEFT OF SCHEDULED ME
Page 13 and 14: 2.3 For the reasons set out in the
Page 15 and 16: Services Act in that she received m
Page 17 and 18: 4.2.1.2.2 Gross negligence in the e
Page 19 and 20: REPORT 19
Page 21 and 22: 2. THIS REPORT This report, which h
Page 23 and 24: involved in corrupt activities in t
Page 25 and 26: 1. INTRODUCTION This Chapter mainly
Page 27 and 28: On Friday, the 20th December 2002,
Page 29 and 30: ings were taken from him. He denied
Page 31 and 32: 2.3 Thandi Jane Mokoma Thandi Jane
Page 33: Mr Molelekoa testified that the pri
Page 37 and 38: version of the statement. He then q
Page 39 and 40: 3.4 There is also undisputed eviden
Page 41 and 42: five (5) years imprisonment for esc
Page 43 and 44: 4.1.1.6. Ntshipi Brian Malaza; 4.1.
Page 45 and 46: the Head of Prison and other releva
Page 47 and 48: 1. INTRODUCTION This Chapter deals
Page 49 and 50: At about 14h10 Mr Richard Nortje pr
Page 51 and 52: three (3) cards of Rohypnol tablets
Page 53 and 54: 2.5 Reno Johannes Lerm Mr Reno Joha
Page 55 and 56: The Medicines and Related Substance
Page 57 and 58: There is no evidence that Mr Lerm,
Page 59 and 60: contrary to the provisions of Secti
Page 61 and 62: 1. INTRODUCTION This Chapter of the
Page 63 and 64: Regional Court) It is clear from th
Page 65 and 66: member and complained about the app
Page 67 and 68: They agreed that the financial assi
Page 69 and 70: instalments of (1) Three Hundred Ra
Page 71 and 72: On 7.4.2002 an amount of Fifty Rand
Page 73 and 74: should be deposited. She was convin
Page 75 and 76: warder. She explained that she conf
Page 77 and 78: would then personally smuggle the g
Page 79 and 80: After this, Mrs Sims approached her
Page 81 and 82: 2.11 Johanna Maria Jacoba Niewenhuy
Page 83 and 84: 2.15 Sherina Mohamed The Commission
Page 85 and 86:
3.1 Appeal Regarding the so-called
Page 87 and 88:
Mrs Sims’ bank account. It is cle
Page 89 and 90:
Ms Tee an unauthorized contact visi
Page 91 and 92:
4.4 Timber 4.4.1 Charged criminally
Page 93 and 94:
CHAPTER FOUR CORRUPT PRIVILEGE ABUS
Page 95 and 96:
they do not become entangled in ill
Page 97 and 98:
had also acted unlawfully and not i
Page 99 and 100:
Mr Smit’s testimony was that soon
Page 101 and 102:
The Commission does not intend to d
Page 103 and 104:
short, Mrs Benjamin made it clear t
Page 105 and 106:
The more startling part of her evid
Page 107 and 108:
Signed by Avril Sims.” 24 During
Page 109 and 110:
matter that was heard, that Mrs Sim
Page 111 and 112:
had any authority to grant visits o
Page 113 and 114:
particularly as Claudia Benjamin, w
Page 115 and 116:
She admitted that Five Hundred Rand
Page 117 and 118:
not be studying that year but that
Page 119 and 120:
payments were made to sponsor the s
Page 121 and 122:
only be charged criminally for her
Page 123 and 124:
It is therefore found that all of t
Page 125 and 126:
5.3.2.4 They should be charged crim
Page 127:
enefits to the spouses of members f
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