- A mother and uncle are on trial for the murder and rape of a toddler.
- The incident occurred in April at a lodge in Midrand.
- According to the indictment, both accused were residing in South Africa unlawfully.
Please note this story may upset sensitive readers.
The trial of a mother and uncle of a two-year-old girl, accused of the child's rape and murder, is set to resume in the Gauteng High Court in Johannesburg.
News24 reported that the toddler's lifeless body was found on 10 April by staff at a lodge in Midrand, Johannesburg, around 23:30.
Gauteng police spokesperson Brigadier Mathapelo Peters stated, at the time, that preliminary evidence revealed the child's killing might have been occult-related.
According to Peters, a one-year-old child was also found on the scene that evening - and taken to a place of safety.
On 13 April 2021, the one-year-old was released into the custody of his mother.
At the time of the incident, the mother was out of town.
READ | Mother, uncle appear in court for murder of toddler in Midrand
According to the indictment, the slain girl's mother, 27, and uncle, 25, were siblings residing in Bryanston, Johannesburg.
Both the accused lived with the girl, the uncle's child and the child's mother.
On the morning of 10 April 2021, both the accused, the deceased, and the other child were booked into a room at a lodge in Midrand.
The State alleges the deceased was raped by the accused at the lodge.
It is alleged, on the first count of rape, that the accused "did unlawfully and intentionally commit an act of sexual penetration with [two-year-old minor female child] by penetrating her vagina with a penis and/or an unknown object without the consent of the said [deceased]".
Object
In count two of rape, it is alleged that the accused penetrated the deceased's anus with a penis and/or an unknown object without the consent of the said [deceased].
In count three, murder, it is alleged that the accused "did unlawfully and intentionally kill" the two-year-old minor.
The first alternative to count three is that the accused allegedly "unlawfully intentionally abused or deliberately neglected a child" - and the second alternative is that the accused allegedly failed to provide medical assistance to the child while able to do so.
According to the indictment, the cause of death of the toddler was determined to be "the application of external pressure to the neck, blunt force trauma to the head".
In addition, the accused - who are Congolese nationals - face charges in connection with the contravention of the Immigration Act, for remaining in the Republic of South Africa unlawfully.
The State alleges that the temporary residence permit of the mother expired on 16 September 2015, and the temporary study permit of the uncle expired on 31 December 2016.
National Prosecuting Authority regional spokesperson Phindi Mjonondwane said their trial would resume on Friday.
