NPA SECURES LIFE SENTENCE FOR STEP-GRANDFATHER WHO MURDERED HIS TWO-YEAR-OLD GRANDSON

Stilfontein, North West – The National Prosecuting Authority (NPA) welcomes the life imprisonment sentence imposed by the Stilfontein Regional Court on Carel Fouche (33) for the murder of his two-year-old step-grandson.

The court heard that on 15 May 2025, Fouche, who had a history of substance dependency, smoked crystal methamphetamine with the child’s grandmother, with whom he was in a relationship.

The child was asleep but began crying during the night. Fouche became angry, woke him and assaulted him. The following morning, Fouche approached neighbours for help and allegedly pretended not to know what had happened to the child.

Emergency services were called and declared the child dead at the scene. The matter was reported to the police, and Fouche was arrested. He has remained in custody.

The prosecution, led by Advocate Ntebaleng Mabale, presented evidence detailing the severity of the assault and the approximately 20 injuries sustained by the child.

The doctor who examined the child’s body testified that he had suffered blunt-force injuries consistent with repeated blows from an object. Some injuries were also consistent with an adult striking him with open hands or punching him with fists.

The court also received a probation officer’s report, which concluded that Fouche was not a suitable candidate for rehabilitation and posed a danger to himself and society.

In mitigation, the defence submitted that Fouche had been raised by his grandparents in difficult circumstances after allegedly being abandoned by his biological parents. It further submitted that he left school in Grade 8, later became involved with gang members because of peer pressure, and had cooperated with the State by pleading guilty.

The State opposed these submissions, noting that Fouche was not a first-time offender and had previous convictions dating back to 2011, including for violent offences. The court heard that he had previously been sentenced to four years’ imprisonment for housebreaking and was due to complete his parole period in 2027. The State argued that this had not deterred him from committing the present offence.

In aggravation of sentence, the State emphasised the seriousness and brutality of the murder, noting that Fouche had killed a defenceless child entrusted to his care and protection.

It argued that the continued assault, including the use of an object, demonstrated the cruelty of the attack.

The prosecution also presented Victim Impact Statements from the child’s mother and grandmother, compiled with the assistance of Court Preparation Officer Brenda Mothobi. The statements described the family’s profound grief and psychological trauma.

The grandmother also spoke about the financial and emotional effects of the incident, including damage to her home by community members who believed she had been involved in the child’s death. She described the distress of being labelled uncaring and negligent towards her grandchild.

The State submitted that the time Fouche had spent in custody awaiting the finalisation of the case should not justify a departure from the prescribed minimum sentence. It further argued that, given the strength of the State’s case, his guilty plea did not amount to compelling and substantial circumstances warranting a lesser sentence.

The State urged the court to impose a sentence that would deter others and restore public confidence in the criminal justice system. The court agreed with the State’s submissions and sentenced Fouche to life imprisonment for murder in terms of section 51(1) of the Criminal Law Amendment Act 105 of 1997.

He was also declared unfit to possess a firearm.

Welcoming the sentence, North West Director of Public Prosecutions Dr Rachel Makhari commended Investigating Officer Thekisa Masoane for diligently compiling the evidence and ensuring the matter was handled with the seriousness it deserved. She also commended Advocate Mabale for his diligence in prosecuting the case and securing justice for the child and his family.

The NPA reiterates that the right to life is fundamental. It remains committed to prosecuting murder and other serious offences, particularly cases of domestic and family violence in which victims are abused by those entrusted with their care and protection.

ENDS

Issued by:

Lindiwe Mabasa

NPA Communication Officer