Imagine a sister’s shock to find her newborn nephew stuffed into a plastic bag, left for dead.
The mother of the child Ms Dimakatso Mnisi, was found guilty in the Witbank Magistrates Court of concealment of the birth of her newborn child.
The concealed birth and alleged murder took place on June 24, 2010.
Mnisi had given birth to her baby boy and placed him inside a plastic bag and left it outside her home. Her sister who had come to assist with the birth discovered the baby in the bag and immediately took him to a nearby clinic in hopes of saving him, the baby was examined there and rushed to a nearby hospital where Dr Anel Büchner attempted to save the child’s life but was unable to.
In her final appearance at the Witbank Magistrates Court on Monday July 20, Mnisi showed little to no emotion as the court proceedings were under way as she faced the charges of concealment of birth and murder.
Sister Lydia Matemotse was called to court as a result of Dr Büchner’s statement. She testified under oath that she was a professional nurse operating as a midwife.
Magistrate Naomi Engelbrecht asked Matemotse a number of questions regarding abdominal cramps and if they were experienced through birth, she also asked if constipation was a norm, to which Matemotse replied that in some cases it was seen but it wasn’t the norm for childbirth – she also explained that some medications suited for constipation were in fact not suitable for child bearing women.
“With regards to the birthing process, and as a midwife, for how long will a child be able to not breath without dying,” said Mr Francois Brandt, state prosecutor.
To which she replied, “Normally up to three minutes.”
Brandt then shared Dr Büchner’s statement which detailed that the child’s heartbeat was strong and that the child suffered from Hyperthermia – to which Sister Matemotse agreed.
“Would the mother not realise in that time that the child is alive,” Brandt stated to the court.
Matemotse said to the court that after the birth the child has to cry within three minutes, but even though the child has not yet cried it will still move around, showing it is alive.
The evidence lead by the state was clear, concise and logical, adding to it was the evidence brought forward by Mnisi’s own sister.
“Evidence states that Mnisi did not want her child, she decided to conceal the birth and went as far as to consciously murder her own child,” said Brandt.
Mnisi stood there silent, still, without expression.
Brandt continued in saying that that during the cross examination the accused Mnisi could not explain her actions and that she was vague in her statement – as if hiding or withholding information.
Mr Harris Malepe said in Mnisi’s defence that the state failed to prove the intentions of his client and placed emphasis on the matter that his client was of the opinion that the baby was dead.
Court adjourned for an hour.
Upon returning to the regional court Magistrate Engelbrecht announced her judgement and found Mnisi not guilty of murder, she was however found guilty of concealment of birth.
The trial was then postponed for pre-sentence reports and sentencing on September 22.
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