9th Interim Report - South Africa Government Online

Messrs Brian Malaza, Nhlapho and Tlhabane also place themselves at the scene of
the assault but also denies the assault. Messrs Lekay, Mahuma, Ntsoane were also
present at the scene at Baragwanath Hospital on the day in question.
At the conclusion of evidence led on behalf of the Commission the implicated
warders were given an opportunity to either give evidence or to call witnesses.
Save for Mr Tsimane, they all declined to give evidence and elected to exercise their
right to remain silent.
2.7 Salathiel Mokoto Tsimane
Salathiel Mokoto Tsimane testified that he is presently employed by the
Department since 1993 and presently holds the rank of Senior Correctional Officer.
He is the Deputy Head at the hospital at Medium B. Before joining the
Department, he worked as a nurse at Baragwanath Hospital from 1989.
He testified that he only saw Mr Bongani Mpeyi at the Medium B prison hospital
after he was discharged from Baragwanath Hospital, but could not recall when.
At the time Mr Bongani Mpeyi was treated by Sister Sibiya and he himself did not
work at the hospital at the time. Mr Mpeyi however already had the paralysis of the
left side of his body.
Mr Tsimane took issue with the conduct and the evidence given by Mr Hlabisa, the
Commission investigator. He stated that when he consulted with Mr Hlabisa, he did
not discuss with him the word “injury”. What they discussed was assault as it was
not an injury as the investigator testified during the proceedings before the
Commission. He stated that Mr Hlabisa of the Commission said that he would rewrite
Mr Tsimane’s statement, which was Exhibit ‘TT12’, into an affidavit and that
he may re-phrase some of the sentences. Subsequent to that he returned his typed
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