Online Reporter
Danisa Masuku, [email protected]
A 38-year-old housemaid who repeatedly assaulted a three-year-old girl after the child soiled herself has been sentenced to an effective seven years in prison following the child’s death.
Simangele Ncube appeared before Bulawayo High Court judge Justice Naison Chivayo facing a murder charge.
However, at the end of the trial, she was convicted of culpable homicide after the court found that the State had failed to prove the elements required for a murder conviction.
Justice Chivayo sentenced Ncube to 10 years in prison. Three years were suspended on condition that she does not commit a similar offence within the next five years, leaving her with an effective seven-year jail term.
In a plea for leniency, Ncube apologised to the court.
“I apologise for causing the death of the child. I thought I was reprimanding her, but unfortunately, she died. I plead with you, Honourable Judge, to forgive me and be lenient with me.”
The court heard that Ncube had been entrusted with caring for the child, but instead subjected her to repeated assaults after she had defecated on herself.
Addressing the court during sentencing, prosecutor Ms Elaine Kanengoni argued that Ncube had abused a position of trust.
“The offender was in a position of trust, as she was mandated to take care of the three-year-old child. Instead, she became a monster and violently beat her up after she had defecated on herself. There is nothing amiss with a three-year-old child messing herself, yet she failed to show any compassion to the child after she had done so.
“The High Courts are the upper guardians of children. As such, the State prays for a harsh sentence to send a clear message to would-be offenders.”
The prosecutor told the court that the fatal assaults took place on September 2 last year.
According to the State, Ncube first struck the child several times on the head with a plastic dish used for defecating, causing a bleeding injury.
She later assaulted the child two more time using an electric cable after the toddler again soiled herself.
“On the same day, the offender assaulted the deceased two more times using an electric cable for messing herself. On 3 September last year at around 7am, the deceased passed on,” she said.
Medical evidence presented to the court linked the child’s death to the injuries she sustained during the assaults.
“A post-mortem was conducted, and the pathologist concluded that the cause of death was traumatic subdural haemorrhage,” said Ms Kanengoni.
A witness, Kuda Ncube, told the court that he discovered the child had been injured when he returned home after helping a neighbour with household chores.
“On 2 September last year, I went to Joe Sibanda’s homestead — a neighbour — at 6pm to assist with chores. Upon my return, I found that the deceased was bleeding from the side of her head.”
“Upon enquiry, I was advised that the deceased had been assaulted with a plastic dish by the offender for defecating on herself.”
Kuda also testified that the child had been assaulted on two separate occasions that day.
“At around 9pm, the deceased defecated on herself again, and the offender once again assaulted the deceased with a black electric cable,” Kuda said.
The court ultimately found Ncube criminally responsible for the child’s death and sentenced her to an effective seven years behind bars.
