9th Interim Report - South Africa Government Online

Baragwanath Hospital. This is supported by the evidence of Mr Mpeyi who during
cross-examination also admitted that he did not see Mr Thlabane during the assault.
He only met him after he was admitted for the second time at Baragwanath Hospital.
He stated that Mr Thlabane did not assault him and that he felt that he could stay
with him because he did not treat him like the others.
3. ANALYSIS & FINDINGS
Although the evidence submitted before the Commission regarding the assault on
Mr Mpeyi is not sufficient to establish a casual connection between his paralysis and
the assault, the evidence establishes that he was indeed assaulted on the 12 th
December 2002, which evidence is corroborated by the following factors.
3.1 Dr Ibeziako testified that on examination of the patient, she had evidence of
mild contusions over the face and a small laceration on his lip.
3.2 Sister Mokoma also examined the prisoner on the day in question and
observed that his clothing was full of dust, that the patient was bleeding from
his mouth and one of his toes was also bleeding and that the patient told her
that he had been assaulted by the warders. Prior to examining the patient, she
had heard some screams inside ward G1.
3.3 Bongani Mpeyi exhibited a healed scar on his back during the Court
proceedings and Johan Grootboom, one of the prisoners who assisted him,
testified that he observed that scar whilst it was still fresh when Mr Mpeyi
was admitted to the prison hospital. The undisputed evidence of Johan
Grootboom, the prisoner who assisted Mr Mpeyi when he was admitted to
the prison hospital, is that he told him that he had been assaulted by the
warders when he attempted to escape.
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