Durban — In November 2022, Ntuzuma mother Ntombikayise Phindile Mkhize threw her baby girl a birthday party. Little did she know this would be the last birthday she spent with her toddler.
A few weeks after the toddler’s party, Mkhize, 21, died at the hands of her boyfriend, Mxolisi Mvula, 32, who throttled her and bashed her head into a wall until she fell to the ground, then stomped on her head and face with his foot.
On Tuesday, the Mkhize family finally got the closure they had been waiting for as the Ntuzuma Magistrate’s Court sentenced Mvula to life imprisonment for the murder.
“I can now start picking up the pieces of my life because it had come to a standstill because of the trial. My life was turned upside down after my child was brutally taken away from us. He will be removed from society as he has shown that he is an animal that does not belong in society,” said Mkhize’s mother, Buyile Mkhize, outside court.
She said she was happy with the sentence, and that the law could be trusted to run its course.
“I want to thank the investigating officer, Mbele, from Ntuzuma SAPS. He worked hard finding the accused after he had fled. We would not have found him had it not been for Mbele tracking him to Bergville.”
In court in her address on aggravation of sentence ahead of sentencing, State prosecutor Kaystree Ramsamujh said throughout the trial the accused had shown no remorse and had not apologised to the Mkhize family, yet he wanted the court to be lenient in sentencing him.
“The personal circumstances of the accused recede to the background in this case, there are far greater aggravating circumstances that come to the fore.
“There’s irrefutable evidence that this was not an isolated incident of domestic violence by the accused. It doesn’t get more serious than this, this type of offence is not only prevalent in this jurisdiction, but in the entire country. Society, especially vulnerable women and children, need to be protected from people like the accused.”
She read into the record the victim impact statement (VIS) of Mkhize’s mother.
“The deceased left a minor child who was 3 at the time and now she is 5 years. The deceased was a call centre agent at uMhlanga, she was multi-talented, had plans for her future, and wanted to further her studies. She was going to take us out of poverty.
“She did not have enough time for her child because Mxolisi demanded her time. Their relationship was toxic, there was always fighting. I once spoke to the accused about the toxic abusive relationship but there was no change. I have become sickly, and I have developed migraines since. My grandchild misses her mother. I hope justice will prevail.”
In sentencing, magistrate Mohamed Motala said he had considered Buyile’s VIS before arriving at his decision.
“The deceased’s death left a long-lasting psychological effect on her mom and those close to her.”
Motala said Mvula had been convicted of a national priority crime, adding that there was more than enough publicity around gender-based violence.
“The accused could not have escaped notice of the prevalence of this crime. Specialised Sexual Crimes Courts have been established and legislation amended for the sentencing of perpetrators of GBV, and as such where a victim is killed as in this case, law as enacted by Parliament should impose a life sentence unless substantial and compelling circumstances exist to deviate.”
Motala said he found no circumstances substantial and compelling enough to deviate from the minimum prescribed sentence.
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Daily News