A KwaZulu-Natal man who allegedly stabbed and beheaded his 80-year-old grandmother Beatrice de Lange has complained about the squalid conditions at the Westville correctional services facility which force him to go days without bathing.
Thabo Ntokozo Nzimande, 32, who is on trial in the Durban high court for the June 2024 murder, complained about being unwell on Thursday and Friday.
“When one gets to prison, you sleep in a box. I can’t wash my clothes and in the morning you have to come to court. The food is sometimes not enough,” Nzimande told the court.
He said during the trial they were being kept in a separate section for awaiting-trial prisoners and only allowed back in their cells during the weekend.
Nzimande, who has often leant against the rails of the court dock seemingly writhing in pain, was arrested with bloodstained clothes a day after the murder at their home in Maurice Nichols Road in Pinetown. He lived with his grandmother in a granny flat on a property owned by his aunt, uncle and their children.
Nzimande said when he got back to the prison on Thursday after the matter was adjourned, he was unable to get urgent medical care.
“When I informed the officers at the prison, I was told there were no doctors, as I arrived between 2.30pm and 3pm on Thursday, and I was told I could only see doctors on Friday,” he said.
Senior prosecutor Nadira Moosa suggested the only available people able to take him to seek medical help were investigating officers who are witnesses in the matter.
“While I don’t doubt the integrity of the police officers, I also would not like to place them in a compromising position,” said Moosa.
Acting Durban high court judge Phumi Sibisi was open to the idea of the officers taking Nzimande to the district surgeon, but cautioned them against talking about the merits of the case while in transit.
“The only communication should be limited to the general matters related to the medical help,” said Sibisi.
However, Nzimande was reluctant to be transported by the policemen who are witnesses.
The matter was stood down to come up with a solution and when the court resumed Sibisi said he had written a letter to prison officials and ruled Nzimande should be taken to the prison medical wing of the prison for immediate care.
Sibisi also asked that he be given the medical reports from the prison after Nzimande had been fully examined.
“I also wish you will recover well,” said Sibisi.
When proceedings began on Thursday Moosa called investigating officer Sgt Noelin Pillay to testify.
“He [the accused] spoke clearly and fluently without stuttering. He also understood what he did and had signed a warning statement [to inform a suspect of their rights and record their voluntary explanation of events that may be used as evidence in court] before being charged,” said Pillay.
As Pillay was testifying, Nzimande's attorney Emmanuel Chiliza objected to the authenticity of the statements relating to an alleged breakdown of Nzimande's relationship with his grandmother. He said this was hearsay.
This resulted in Sibisi declaring the matter should be heard as a trial within a trial.
Sibisi adjourned the matter to Monday.
TimesLIVE
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