THREE years after a Chatsworth mother claimed that her daughter had died after slipping and falling in the bathroom, she has been arrested and charged for murder.
This, after the post-mortem report revealed that the body of the child – who died on July 11, 2023 – was covered from head to toe with injuries, and was inconsistent with a fall.
The 26-year-old woman appeared in the Chatsworth Magistrate’s Court, on Friday where she faced additional charges of assault with intent to do grievous bodily harm, and child abuse.
Magistrate Stephanie Botes said the post-mortem results revealed a “shocking degree of violence, sexual assault, and injuries consistent with abuse over a period of time.
The woman, who cannot be named to protect the identity of her two other minor children, five months and four-years-old, was granted bail of R2,500.
The four-year-old (who was nine months old at the time) was removed from the woman’s custody and placed in a children’s home in 2023 pending investigations into the siblings death.
The details of the five-month-old baby only emerged in court last week.
Magistrate Botes questioned why nobody was charged for the sexual assault.
“In terms of the degree of violence, the court had sight of photographs of the child. One can only imagine the horror of what the child suffered in the weeks leading to her inevitable death.
“Her small body was covered in bruises from head to toe.
“The post-mortem results indicate that her injuries were consistent with a sexual assault and the State is silent on that sexual assault.
“This leaves the court with more questions than answers. At this stage, the court is not satisfied that it is in the interests of justice to keep the accused in custody, or that she will evade her trial. The court cannot deny bail in anticipation of her judgment,” Botes said.
Investigating officer Sergeant Thobeka Christina Matenjwa said the deceased child was residing in the Westcliff area with her biological mother and stepfather from June 19, 2023, until her death.
The child was living temporarily with the couple at the time of her death.
“Prior to this, she lived with her paternal family in East London. On July 11, 2023, the mother was alone at home with the deceased and her other minor child. The child sustained some injuries during the afternoon,” Matenjwa said.
She said the mother phoned her partner for assistance.
His parents helped her transport the child to the RK Khan Hospital.
“The doctors in the emergency unit who assessed the deceased had pronounced her dead on arrival.
“The matter was initially treated as an inquest. The priority was to determine the cause of death and investigate the circumstances.
“During my investigations, I approached the applicant at her previous and current address. She resided at Powerline Road, and then moved to Welbedacht and was residing with her partner.”
Matenjwa said the woman had to leave her Westcliff home because the community was upset with the circumstances surrounding the child’s death.
She said the Director of Public Prosecutions’ office returned the docket to her in July 2025; queries were raised, and she had to conduct further investigations and obtain statements from witnesses, especially treating doctors.
“On July 13, 2026, a decision was taken to charge the mother for assault with intent to cause grievous bodily harm, child abuse and murder.”
Matenjwa said the mother was then asked to report to the police station, where she was arrested and later charged.
“The charge of murder attracts a prescribed minimum sentence of life imprisonment unless there are substantial and compelling factors justifying the imposition of a lesser sentence,” Matenjwa added.
Inconsistent injuries
In a written statement made to police on October 18, 2024, the woman said she was breastfeeding her nine-month-old baby in their lounge at around 5pm when the three-year-old slipped and fell in the bathroom.
“She heard a noise and she went immediately to the bathroom. She found the deceased on the floor of the shower. She observed an open wound on the deceased’s chin.
“She applied medicine to the deceased’s chin and telephoned her partner to assist with transporting the deceased to the hospital.
“Her partner’s parents arrived at her home at about 6pm and the applicant wrapped the deceased in a blanket and boarded their motor vehicle to RK Khan Hospital, which is about five minutes from their home.”
Matenjwa said medics at the hospital informed the mother that the child was dead on arrival.
She said the doctor who examined her for the first time at RK Khan Hospital noted the child’s serious injuries.
The child had lacerations on her chin, a bruised body, scratches and bruises on her chest, and bruising and abrasions on her arms, thighs, and buttocks.
She was also sexually assaulted.
“The pathologist deposed in an affidavit that the various abrasions and the injuries were not consistent with a fall down a flight of stairs.”
Matenjwa claimed that the multiple injuries to the child irrevocably demonstrated that the mother had abused the child over a period of time.
“This is a significant factor which caused social workers to remove her other child and place her in foster care.
“There is strong medical evidence refuting her version of falling in the bathroom, making the possibility of her being convicted in this offence enhanced significantly. This makes the incentive to evade her trial should she be released on bail, far greater,” Matenjwa said.
She said investigations were complete and the matter was ready for trial.
The woman intends pleading not guilty.
