Cape Town - The man who murdered his eight-month-old baby and attempted to murder his ex-girlfriend has been sentenced to life imprisonment in the Western Cape High Court.
Vusumzi Pothelwa was left baffled as he left the courtroom and did not understand the sentences imposed upon him.
According to the spokesperson for the National Prosecuting Authority (NPA), Eric Ntabazalila, Pothelwa was convicted on April 26 for the murder of his daughter, Kwezi who he doused with paraffin before setting her alight in Du Noon in November 2019.
“He was also convicted of attempting to murder his former girlfriend, Sivuyisive Mtshengu, assaulting her and arson,” Ntabazalila said.
On November 16, 2019, Mtshengu attended a birthday party of her cousin in Du Noon, and Pothelwa, who was also invited, did not attend. She then bought him beers so he could look after the children at home. Pothelwa was responsible for looking after the children as he was not employed at the time.
Upon Mtshengu’s return home during the early morning hours, she was accompanied by her cousin and cousin’s boyfriend. An argument broke out between Pothelwa and the cousin and the cousin's boyfriend.
The couple left and Mtshengu took Kwezi and went to bed.
The court heard Pothelwa continued to drink and play loud music in the room, despite Mtshengu requesting the volume to be decreased.
Mtshengu was then assaulted when she attempted to lower the volume and at this time she took Kwezi and went to sleep outside in the toilet.
During this time Pothelwa entered the toilet, swore at her.
Paraffin from the heater which was stored in the toilet was spilt on Mtshengu and the baby.
Mtshengu fled to a nearby house and neighbours of the couple found the burning baby in the corner of the toilet.
She returned to find police in the yard and was informed by police her child had died.
The cause of death was reported to be smoke inhalation and burns.
“The court sentenced him to life imprisonment, for Kwezi’s murder, four years imprisonment for Mtshengu’s attempted murder, six months imprisonment for assault and a year imprisonment for arson.
“The court ordered all the sentences to run concurrently, with the sentence imposed for the murder conviction. It then declared the accused unfit to possess a firearm,” Ntabazalila said.
Before being taken from court Pothelwa said he did not understand the sentence and Acting Judge Constance Noluthando Nziweni asked the interpreter to repeat it to him before court orderlies handcuffed him and took him to the holding cells.
State prosecutor Advocate Leon Snyman during the trial said gender-based violence has become the order of the day and there was an outcry from communities for the justice system to stop it.
“Both Mtshengu and baby Khwezi form part of a vulnerable group of our society that is in desperate need of protection from the courts.
“Baby Kwezi was only eight-months-old when she was burnt alive.
“This is the most horrific way one could die, and she suffered severe pain before her death. It is, respectfully, submitted that a clear message must be sent to the community, that the conduct of the accused will not be tolerated,” he argued.
Snyman welcomed the sentence and commended the investigating officer, Detective Sergeant Thumani Mayekiso for an amazing job.
“He was very supportive, did a thorough job and was investigating outside his scope. It was a very difficult case, where a baby’s life was taken in that manner. There wasn’t a day where he couldn’t answer his phone, even after hours,” he said.
Director of Public Prosecutions in the Western Cape, Advocate Nicolette Bell praised the cooperation between the police and the NPA as they are starting to bear fruit and encouraged communities to partner with authorities in the fight against gender-based violence and femicide.
robin.francke@inl.co.za
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