Cape Town - Convicted killer Vusumzi Pothelwa who put his biological eight-month-old daughter through “hell” by burning her alive in a communal toilet was sentenced to life imprisonment in the Western Cape High Court on Thursday.
Pothelwa received a life term for premeditated murder of baby Kwezi Mtshengu; four years for attempted murder of his girlfriend Sivuyisive Mtshengu; and six months for assault and one year for arson.
The sentences will run concurrently with the life term.
In April this year the 35-year-old father was convicted on the four charges.
He only pleaded guilty to assault and not guilty to the remaining charges.
Pothelwa was in a relationship with Mtshengu and had two minor children with her, Kwezi being the youngest.
They lived in Dunoon, near Milnerton, in a back room of Pothelwa’s sister’s house.
On November 17, 2019, Pothelwa was drinking alcohol and listening to music in the room while Mtshengu was sleeping in bed with Kwezi. She wanted him to lower the volume but he refused.
Pothelwa assaulted his girlfriend when she attempted to lower the volume. He kicked her in the face and also beat her with a frying pan.
Mtshengu then took her baby and went to sleep outside in a communal toilet.
After some time, Pothelwa followed, entered the toilet and swore at Mtshengu.
The 35-year-old spilled paraffin from a heater on both his girlfriend and Kwezi.
He threatened to set her alight and checked his pockets for a lighter, but when he did not find one he went back to the room where he checked the cupboards and drawers.
Mtshengu ran in fear and in an attempt to find help, so that she could go back for Kwezi but no one helped.
She sought refuge at a nearby house she knew was vacant.
Around 1am baby Kwezi was found burning in the corner of the toilet after a neighbour was awoken by the smell of smoke.
Pothelwa was found sleeping in his room and was assaulted by residents.
Mtshengu returned in the early morning to find police at the premises and she was informed of her baby’s death.
Handing down the sentence yesterday acting judge Constance Nziweni said Pothelwa’s crime was shocking and horrendous.
“You had no sense of accountability, were unrepentant and lied. Rehabilitation starts at showing remorse about what you have done. You showed no remorse or empathy, at times you would laugh and smile. I don’t believe you appreciated the magnitude of your action.”
Judge Nziweni said the post-mortem heard by the court showed that Kwezi suffered 30% burn wounds and a pathologist found that the baby died painful a death due to the burn wounds and smoke inhalation.
According to Nziweni, Pothelwa’s actions were calculated and not a random murder.
“Nothing can justify the merciless attack on Kwezi. Clearly these were actions of a cruel person. A father who turned into a monster. The probation officer report described you as a reserved person, kind and loving father.
“What kind of a loving and caring father are you that would kill your own child. I suspect you killed your flesh and blood to spite the mother and make her miserable. Kwezi was a collateral victim,” said Nziweni.
Mtshengu who was crying throughout the sentence said:“Even though I have forgiven him for what happened. The court has decided with its sentence. I don’t want to speak about this anymore.”
Cape Times