The Gauteng High Court acquitted Aletta Sonzulu after her conviction in the tragic death of a five-month-old baby. The court found insufficient evidence.
Key Points:
- Aletta Sonzulu was acquitted after an appeal in a baby death case.
- The court ruled there was no conclusive evidence that Sonzulu caused harm to the baby.
- Judge Kuny cited the slippery conditions and lack of proof of intent as reasons for acquittal.
The Acquittal of Aletta Sonzulu
The Gauteng High Court in Johannesburg acquitted Aletta Sonzulu, who had been convicted of murder after a tragic incident in which a five-month-old baby died from brain injuries. The baby, Jayden Motshalefa, was on her grandmother’s back when the woman fell after someone pushed her.
Sonzulu’s Appeal and Denial of Intent
Sonzulu appealed her conviction and consistently denied any intent to harm the child. She told the court that she and her co-accused, Jamieson Phiri, had been intoxicated on the day of the incident. Sonzulu described herself as “wasted.” Both Sonzulu and Phiri had been convicted at the Vosloorus Regional Court after the baby’s death.
The Incident and Allegations
The State argued that Sonzulu and Phiri had pushed the grandmother while she carried the infant on her back. The push caused the grandmother to fall onto the grass, with the baby still on her back. The State further claimed that Sonzulu, acting in concert with Phiri, had kicked the grandmother as she lay on the ground.
Judge’s Ruling and Reasoning for Acquittal
The incident took place during a graduation party at the infant’s home on a rainy day. The grandmother, carrying Jayden on her back wrapped in a towel, was about to address the guests when Sonzulu created a disturbance by banging the table. This forced the grandmother to stop speaking. As she walked past the tables to put the baby to bed, someone pushed her from behind.
The fall became more dangerous because of the carpeted surface on the grass. The grandmother testified that she used both hands to break her fall and protect the baby. However, Sonzulu allegedly kicked the grandmother until the infant’s father intervened.
When the grandmother stood up, she saw the baby bleeding from the nose and mouth. Jayden was taken to a clinic and then to the hospital, where she died from brain injuries later that evening. Medical evidence revealed that the child had suffered severe scalp bruising and brain hemorrhaging. These injuries were consistent with the grandmother falling onto the baby.
Court’s Considerations and Conclusion
The court considered that the infant might have sustained the fatal head injury when the grandmother fell backward. Despite her attempt to cushion the fall with her hands, the injury occurred during the fall. Judge Steven Kuny pointed out that the grandmother had tried to protect the baby. However, it would have been difficult for her to control her fall, given the slippery conditions of the carpet. The judge emphasized that the infant was especially vulnerable to any force during the fall.
Judge Kuny also highlighted that while Phiri had been proven to have pushed the grandmother, the State had not proven that Sonzulu caused any harm to the child after the fall. Furthermore, the judge noted that the rain had made the surface slippery. The court found no conclusive evidence that Sonzulu knew the baby was on the grandmother’s back when the fall occurred.
In light of these factors, the court acquitted Sonzulu of all charges.
