Child’s murder too much to bear for mother

A mother who lost her three-year-old little girl at the hands of the baby’s father wishes her child had rather died from an illness.

A postmortem report revealed the child died from head injury due to blunt force trauma similar to injuries seen in car accidents and mob justice attacks.

Her father, Siviwe Mhlonishwa, 51, who was been convicted of the murder, has denied killing his daughter in November 2024, something clinical psychologist Karen Andrews flagged  in her psychological assessment report ahead of sentencing as a psychological defence.

Mhlonishwa, from eThaleni village in Ugie, who has four other children older than the victim,  Avuma Tabata, was convicted of murder in February and is due to be sentenced on Thursday.

Andrews, in the report that was submitted on Tuesday in the Bhisho high court in mitigation and aggravation of sentence, said the denial involved the “mental and emotional refusal to acknowledge or accept the painful facts of a reality, rejecting these facts because they are too difficult or distressing to confront”.

“This assessment reveals that Mr Mhlonishwa is refusing to face the fact that he killed his daughter. It is too painful and horrifying for him to do so.

“His mental and emotional stability is at stake if he does face the facts,” Andrews said.

It was the state’s case that Mhlonishwa and Nombuso Tabata had separated two months before the murder. The little girl would visit her father occasionally with the consent of Tabata.

On November 5, Mhlonishwa and Tabata met in town and he confronted her about a new relationship she was in and then requested that Tabata allow him to take the child  home with him.

Upon arrival, the child asked for food and Mhlonishwa ignored her. She persisted and Mhlonishwa kicked her and started to assault her with a wooden stick.

A family member intervened and Mhlonishwa drew a knife and grabbed the deceased.

The relative managed to disarm him, but was forced out of the house and Mhlonishwa locked the door and kept beating the child until she died.

A victim impact report by social worker Nomonde Precious Stamper revealed that Tabata suffered a miscarriage before she gave birth to their child.

The report said Tabata was  struggling to come to grips with the tragic loss of her child at the hands of her own father. Passing her grave was torture for the 35-year-old.

“Nombuso reported the fact that her child was killed by her own father is something she will never heal and recover from.

“She wishes the child was sick and died of the illness instead of being brutally murdered by somebody she trusted to take care of his own child,”  the report reads.

It further revealed that Tabata felt guilt and anger at allowing him to take the child. Signs of anxiety and depression were observed.

During arguments in the court this week, state prosecutor advocate Sibusiso Mgenge argued for the prescribed minimum sentence of life to be imposed on Mhlonishwa, adding that he did not show any remorse and had no prospect of rehabilitation.

Mgenge said Mhlonishwa, who has been in custody since his arrest, showed no remorse throughout the trial.

“The mother of the deceased had to testify and she doesn’t know why her child was killed. She just speculated that it was out of jealousy.

“He killed a defenceless child who looked up to him as her father.

“There are no substantial and compelling circumstances to deviate from the prescribed sentence,” Mgenge said.

Defence advocate Deon Geldenhuys asked the court to sentence Mhlonishwa to a lengthy sentence, but to deviate from a life sentence. 

Geldenhuys said on the day of the murder, Mhlonishwa acted out of character. He said alcohol played a major role in the commission of the offence. 

“There are prospects of rehabilitation bearing in mind the clean record of the accused ...

“Bearing in mind the personal circumstances of the accused, a lengthy sentence other than life imprisonment. Life is disproportionate,” Geldenhuys said.

Daily Dispatch