9th Interim Report - South Africa Government Online

Insofar as the assault on Mr Mpeyi is concerned, the warders in question should be
charged both internally and criminally for assault.
Evidence has also been established that the assault on Mr Mpeyi was never reported
to the Head of Prison nor recorded in the register. The prison administration files
were under the control of the Area Manager. Mr Le Kay was an Acting Area
Manager at the time, who should have reported the assault of Mr Mpeyi to the Head
of Prison or the supervisor of the investigating unit. As a result thereof, no internal
investigation of this assault was conducted.
The only probable explanation for Mr Le Kay’s conduct is that he was merely
covering up the assault in order to protect the members involved.
The Commission will recommend that Mr Le Kay also be charged with gross
negligence of his duties.
4. RECOMMENDATIONS
4.1 Assault
4.1.1 There is conclusive proof that Mr Mpeyi was assaulted by the warders
on the 20 th December 2002. The warders implicated are the
following:
4.1.1.1. Mr Kevin Tebogo Manganye;
4.1.1.2. Moses Mashebele Ranaka;
4.1.1.3. Bethwell Ntimo Mahlangu;
4.1.1.4. Felix Maudekeni Phakula;
4.1.1.5. Gideon Moketsi Tshabalala;
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