Sonzulu Nombulelo Aletta v The State

The appellant and a co-accused were tried in the Regional Court, Vosloorus, for the unlawful killing of a five-month-old infant, Jayden Genyo Motshalefa, who died on 20 April 2019. During a family graduation party held in rainy conditions, the deceased’s grandmother, Poppy Dludla, was carrying the infant on her back when an altercation broke out. The co-accused pushed Ms Dludla, causing her to fall backwards. The State alleged that the appellant, acting in common purpose with the co-accused, also kicked the grandmother and/or the infant. The child later died from blunt force head injuries. The appellant denied acting in common purpose or assaulting the deceased. Medical evidence indicated injuries consistent with a fall. The appellant was highly intoxicated at the time. She was convicted and sentenced in the regional court, whereafter she appealed against her conviction and sentence.

The appeal was upheld. The appellant’s conviction and sentence were set aside, and she was acquitted of all charges.

The case underscores the strict evidentiary requirements for establishing common purpose and criminal liability in homicide cases, particularly where causation and intent are disputed. It reaffirms that an accused is entitled to an acquittal where a reasonable doubt exists as to participation or intention, even in emotionally charged cases involving the death of an infant.