The Pretoria couple who were found guilty of child neglect, common assault and failure to register a child after selling their baby boy for R500, has been sentenced to 35 years and 15 years in prison, respectively.

The couple, who cannot be named to protect the identity of their four children, cried when judgement was handed down at a sitting of the Pretoria High Court at the Benoni Magistrate’s Court on August 4.

Accused one, the father, was sentenced to 20 years’ imprisonment for contravention of the Prevention and Combating of Trafficking in Persons Act.

On the charges of neglect and child abuse, both accused received a 10-year sentence, a further three months each for common assault and five years each for failure to register a child with home affairs.

The sentences will be served concurrently, taking into account the time both accused have spent in jail since their arrest.

It was put on record in court that after the baby was born in April 2020, they did not register the child at the Department of Home Affairs with the intention of selling the baby and for the baby not to be traced back to them.

The court also heard that the couple assaulted the baby several times on different occasions.

The mother would either take the baby to her workplace at a pub or the father would drop the child off at Saunders’ food cart while intoxicated.

A doctor, who examined the baby, testified in court that on November 6, 2020, she completed a J88 medical form, which stated that the baby had bruises that were five days old on the head, chest and right arm and had a rash on his buttocks.

They were arrested in November 2020 and convicted a year later.

During the sentencing proceedings, Judge Benjamin Mokoena said one cannot deny the fact that it is outrageous and inhumane that parents can give birth to a child and then assault and abuse that child, especially when it cannot speak and protect itself from its abusers.

“What worsens the situation is when such a traumatised child is sold to unknown persons for a mere R500. This is the kind of behaviour that cannot be tolerated by civilised societies,” Mokoena said.

The pre-sentencing report compiled on behalf of the mother revealed that she experienced a challenging upbringing and that she started to abuse drugs at a young age.

The report further stated that she used to visit pubs and clubs at a young age in the company of her father.

It came to light that during her life journey she met her husband (accused one), who encouraged and supported her lifestyle of alcohol and drug abuse.

It was further placed on record that the husband was a drug addict and both accused were abusing alcohol and drugs at the time of their arrest.

A pre-sentencing report revealed that the father did not act in the best interest of his wife or children and that their relationship was rife with physical and emotional abuse with no emotional or financial support from him.

Judge Mokoena said the report made it clear that the ability of accused number two (the mother) to parent effectively was compromised by substance abuse and the type of relationship she had with her father and her husband.

With regard to the pre-sentencing report compiled on behalf of the father, Judge Mokoena said his report paints a picture of someone who is dishonest and unreliable.

According to the husband’s pre-sentencing report, his mother is responsible for his bad upbringing, however, his mother refused to corroborate what her son claimed. It was added that his mother had disowned him.

Judge Mokoena said the father abused and neglected his child because he had no love for the boy.

“There is evidence before the court that he threatened to kill his child and referred to him as a bastard. There is evidence that he consumed the baby’s formula, meant to feed the baby, and instead fed him a drink commonly known as Kool-Aid.

“Despite this overwhelming evidence against the accused one, he refused to accept liability for abusing and neglecting the baby.

“He is not remorseful for what he did and based on these facts, I find it difficult for this court to show mercy to someone who was not merciful to his own child,” said Mokoena.

Alisha Ross represented the State.

The conditions of the child

A medical report dated April 2020 revealed the baby was growing and developing well but had some medical conditions due to the abuse, which the doctor said were healing.

The child is in a place of safety and his siblings are living with family members.