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I STRANGULATED BABY I COULDN’T PROVIDE FOR - TEEN

27/04/2024 08:08:00 Kwanele Dlamini

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MBABANE – A teenager, who was abandoned by the married man who impregnated her and her family, resorted to killing the baby because she had no means to provide for him.

*Nothando (18) said the baby cried constantly due to hunger and she was unable to breastfeed it since she had no breast milk as she had not eaten for a long time and out of pity, she allegedly strangulated him. The teenager narrated that she was in a relationship with her son’s father, who is a married man.

She said he impregnated her but refused to take responsibility for the unborn baby and he denied paternity. She said the married man threatened to terminate the relationship every time she told him about the pregnancy. “True to his words, he broke up with me when I kept on informing him that I was pregnant. Ever since then and throughout the pregnancy, I suffered depression.

Suicide

“I thought of committing abortion but as a born again Christian I restrained myself in order for the child to live.
“I retained the pregnancy until I gave birth, even though during the pregnancy I almost suffered a miscarriage due to depression,” said Nothando. The teenager pointed out that, things became worse for her when she was expelled from home by her family, when she was due to deliver the baby.

“I had no place for accommodation and I spent a day on the streets. I had no food to eat and the stress level rose because of hunger. The baby kept on crying because it was hungry, yet I had no milk in my breasts, as I had not eaten anything for two days. “The continuous crying of the baby broke me emotionally such that, out of compassion for the baby and the stress I was going through, I decided to strangulate the baby.

“I, therefore, submit that I was not in a good state of mind and did not appreciate what I was doing. It only dawned to me that I had committed a crime after I had been arrested,” Nothando said.

Arrested

The offence was committed last year and Nothando was arrested at the beginning of November 2023, by members of the Royal Eswatini Police Service (REPS) based at Hlatikhulu Police Station. She had been charged with the murder of her baby. The accused appeared at Nhlangano Magistrates Court on November 9, 2023 and was remanded in custody pending her committal to the High Court. She filed an application for bail and was represented by Human Rights Lawyer Thabiso Mavuso of Motsa Mavuso Attorneys.

Nothando informed the court that she was innocent of the charge and would plead not guilty during the trial.
She submitted that there were sufficient grounds warranting the court to release her on bail upon such terms and conditions as it deems fit. She mentioned that the police had informed her that they had completed their investigation.

Nothando submitted that if released on bail, there was no likelihood that she may attempt to evade trial. She undertook to comply with the conditions which the court may attach in admitting her to bail. The accused also told the court that even though she was not yet in possession of the summary of evidence, to which a list of witnesses is attached, she submitted that she would not interfere and or influence with State witnesses. She said there was, therefore, no likelihood that she would interact with them in any manner. She further stated that she would not conceal and/or destroy evidence or even attempt to.

Granted

Nothando’s application for bail was heard by Judge John Magagula yesterday. The court granted her bail application and fixed the bail amount at E50 000. She was ordered to pay E5 000 in cash and provide surety for the sum of E45 000. Her bail conditions include that she should surrender her passport to the investigating officer. She was warned that pending finalisation of the matter, she should not apply for a new passport or travel document.

The accused was also strictly warned to report monthly, following her release on bail, at the police station between 8am and 4pm. Another condition was that she should refrain from speaking with or communicating with or otherwise contacting any prosecution witnesses in the matter. In the event she did not know the identities of the witnesses, she was ordered to ascertain same from the investigation office.

Nothando was further warned to remain within the Kingdom of Eswatini pending finalisation of the matter and to also provide the investigating officer with her residential address forthwith upon her release. Some of the conditions were that, she should attend court as and when order to do so and not commit a similar offence while out on bail.

She was advised further that any relaxation or amendment of the above conditions would be authorised by a judge of the High Court. She was told that non-compliance with any of the conditions would result in the cancellation of his bail and the amount paid forfeited to the State.