Man Sentenced To Life Imprisonment For Killing His Toddler

The High Court of South Africa has sentenced Vusumzi Pothelwa, to effective life imprisonment after the presiding officer described him as a cold killer and a danger to society, who should be removed from society. On 26 April 2022, Pothelwa was convicted for the murder of his eight-month-old daughter, Khwezi, whom he doused with paraffin, before setting her alight in Du Noon, in November 2019. He was also convicted of attempting to murder his former girlfriend, Sivuyisive Mtshengu, assaulting her and arson.  The court sentenced him to life imprisonment, for Khwezi’s murder, four years imprisonment for Mshengu’s attempted murder, six months imprisonment for assault and year imprisonment for arson. The court ordered all the sentences to run concurrently, with the sentence imposed for the murder conviction. It then declared the accused unfit to possess a firearm.

Pothelwa told the court that he didn’t understand the sentence, and Acting Judge Constance Noluthando Nziweni asked the interpreter to repeat it to him before court orderlies handcuffed him and take him to the holding cells. Adv. Leon Snyman, welcomed the sentence, after successfully prosecuting the case. During the trial, he argued that gender-based violence was the order of the day, and there was an outcry from the communities towards the justice system to stop it. “Both Mtshengu and baby Khwezi form part of a vulnerable group of our society, that is in desperate need of protection from the courts. Baby Khwezi was only 8-months-old when she was burnt alive. This is the most horrific way one could die, and she suffered severe pain before her death. It is, respectfully, be submitted that a clear message must be sent to the community, that the conduct of the accused will not be tolerated,” he argued.

Events leading to the burning alive of Khwezi, started on 16 November 2019, when Mtshengu attended a birthday celebration of her cousin in Du Noon. The accused was invited but elected not to attend. Mtshengu bought her partner beers so that he could look after their two children. Pothelwa’s responsibility was to look after the children as he was unemployed.

Mtshengu returned from the party in the early hours accompanied by her cousin, and her cousin’s boyfriend. An argument ensued between the accused and the cousin and the cousin’s boyfriend. The cousin and her boyfriend left and Mtshengu took the deceased with her to bed. The accused continued drinking and played music loud inside the room. Ms Mtshengu wanted him to lower the volume, but he refused.  The accused assaulted Mtshengu, when she attempted to lower the volume and she then took her child and went to sleep in an outside toilet. The accused entered the toilet and swore at her. Paraffin from a heater, stored in the toilet, spilt on Mtshengu and her child.

She fled to a nearby house and neighbours of the couple found the burning child in the corner of the toilet. Mtshengu returned to find police in the yard and was informed that her child has passed away. She received medical treatment as she sustained bruising under her right eye, during the assault. Her child died as a result of smoke inhalation and fire burn.

Adv. Snyman commended the sterling work of the investigating officer, Detective Sergeant Thumani Mayekiso. “He was very supportive, did a thorough job and was investigating outside his scope. It was a very difficult case, where a baby’s life was taken in that manner. There wasn’t a day, where he couldn’t answer his phone even after hours,” he said.

Welcoming the sentence, the Director of Public Prosecutions in the Western Cape Adv. Nicolette Bell, praised the cooperation between the police and the NPA as they are starting to bear fruit. She further encouraged communities to partner with authorities in the fight against gender-based violence and femicide.

Note: The NPA’s media statements are available on the website: www.npa.gov.za

Issued by:

Eric Ntabazalila

National Prosecuting Authority

Regional Communications Manager

Western Cape

Tel: (021) 487 7308Mobile: 073 062 1222

Email: entabazalila@npa.gov.za