High Court Convicts Father of Culpable Homicide in Death of Three-Month-Old Baby
19 MARCH 2025
High Court Convicts Father of Culpable Homicide in Death of Three-Month-Old Baby
Upington, Northern Cape – The High Court of South Africa, Northern Cape Division, sitting in Upington, has found Henry Manolo (31), a Malawian national, guilty of culpable homicide for the death of his three-month-old baby, Henzo, and assaulting the child’s mother. He was also convicted of contravening Section 49(1) of the Immigration Act 13 of 2002, as he was in the country illegally.
On 26 March 2023, in Boegeberg, near Groblershoop in the Northern Cape, Manolo and the baby’s mother left her grandmother’s house with Henzo strapped to her back. Both were under the influence of alcohol. An argument ensued, during which Manolo pushed and pulled the complainant, causing her to fall backwards with Henzo still strapped to her. He then forcibly removed the baby from her back, causing the infant to fall onto the tarred road, before fleeing the scene with Henzo in his arms. The mother searched but could not find them and eventually returned to her grandparent’s home for the night. The following morning, she went to the police station to report the incident. While she was away, Manolo returned to the house and placed Henzo’s lifeless body on a couch before leaving again. He was later arrested while attempting to hitch a ride to Kimberley.
During the trial, testimony from family members, particularly the great-grandparents, painted a picture of a volatile relationship marked by previous instances of abuse. The court had to pause several times as the victim’s mother struggled to recount the traumatic events of that night. In her Victim Impact Statement, read into the record, she expressed that she had not yet come to terms with her son’s death and had not even washed his clothes since his passing. Manolo claimed in his defence that the child accidentally fell from his hands while he was taking him from his intoxicated mother. He insisted that he fled not to evade the law but out of fear for his own life, as he believed the family wanted to kill him.
State Advocate Elmari Kruger argued that Manolo deliberately misled the court, knowing full well the consequences of his actions. She emphasised that no father would simply place a severely injured child on a bed without seeking urgent medical assistance. The State contended that his actions were grossly negligent, bordering on recklessness, demonstrating a blatant disregard for the child’s safety.
The court convicted Manolo of assault (Count 1) and found him guilty of culpable homicide (Count 2), determining that while there was no intent to kill (dolus), his conduct was severely negligent. On Count 3, he was convicted of being an illegal foreigner. Count 1 (Assault): 6 months' direct imprisonment, Count 2 (Culpable Homicide): 10 years' direct imprisonment.
Count 3 (Contravention of the Immigration Act): 12 months' direct imprisonment. The court ordered that all sentences run concurrently. Additionally, Manolo was declared unfit to possess a firearm in terms of Section 103 of the Firearms Control Act.
The National Prosecuting Authority (NPA) remains committed to ensuring justice for victims of crime and upholding the rule of law to protect our communities.
Issued by:
Mojalefa Senokoatsane
NPA Regional Spokesperson
Northern Cape Division
Email: MSenokoatsane@npa.gov.za
Contact: 073 423 3539