The case against the parents of a four-year-old girl from Eldorado Park in Soweto, who is the victim of abuse, has been postponed until Monday. Both the father and mother will remain in custody while the state prepares to oppose bail.

The four-year-old girl, who is not named to protect the identity of her three-year-old brother, passed away on Friday at Chris Hani Baragwanath Academic Hospital. She was in ICU since August 6 after she was assaulted and nearly drowned, allegedly by her father.

Provincial SAPS spokesperson Lieutenant Colonel Mavela Masondo previously confirmed to Soweto Urban News that the initial case docket of attempted murder was changed to murder after her death.

According to Soweto Urban News, the father and mother each made a brief, separate appearance at the Protea Magistrate’s Court yesterday. The father of the four-year-old is facing five counts: Murder, rape, compelled rape, child abuse, and assault of a minor. The mother, who is reportedly pregnant, is facing a charge of failing to immediately report a sexual offence committed against a minor.

The presiding magistrate postponed the matter to allow for a formal bail application. NPA spokesperson Phindi Mjonondwane explained to the media outside the court that while both accused were arrested, the NPA decided to separate the two cases. This was due to a lack of evidence that the alleged offences were committed jointly.

Cases separated

“Now that we know alleged offences are not intertwined, we then had to separate the two matters for the mother to appear alone as well as the father,” said Mjonondwane. “With the case against the father, he is now facing five charges, we have added three additional charges to the two that he was facing in his first appearance. While the mother on the second docket is facing the charge of failing to immediately report a sexual offence against a minor.”

She added that according to the Sexual Offences and Related Matters Amendment Act 32 of 2007, one has a duty to report such a crime. Mjonondwane stated that the state will be opposing bail, and reasons will be advanced in court.

Calls for justice

Bandile Masuku, the chairperson of the portfolio committee, said that committee members were there to pay their respects to the family and community of Eldorado Park.

“This is one of the many [cases] we continually get reported on in the country and it is important that every time we get such cases as a community and legislature we rally behind the fight against women and children abuse,” said Masuku.

Eldorado Park ward councillor Juwairiya Kaldine told the media that she believes the country’s justice system is failing women and children and that the case should be handled by a female magistrate.

“The government of today sitting in legislature need to relook at the constitution of this country because the constitution we are currently guided by [does] not stand [up] for women and children in this country,” said Kaldine.

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