Cape Town - Vusumzi Potelwa, accused of setting his 7-month-old baby on fire, took the stand in the Western Cape High Court to defend himself.
Potelwa is charged with three counts of murder, attempted murder, arson and assault after he allegedly set his daughter alight following a dispute with the child’s mother, Sivuyisiwe Mtshengu, in Dunoon during November 2019.
On Wednesday, defence counsel Michael Sibueng called Potelwa to the stand to give his version of events.
He pleaded guilty to assault and told the court he assaulted Mtshengu, but not in the manner she described.
He admitted he had been drinking alcohol that evening and was playing music, but when Msthengu tried to turn it down he reacted by hitting her.
“I told her I won’t be able to switch off the music because I’m still watching and drinking the last of my alcohol. I smacked her and then I kicked her and proceeded to play music.”
Mtshengu went into the bathroom to find peace and was asleep on the floor when he forced entry into the toilet. He said he demanded the child from Mtshengu. When she refused, he said he decided to take the child but the mother pushed him away.
He said he stumbled back and tried to catch his balance on the paraffin heater behind him, but it fell forward. When he tried to put it back, Mtshengu grabbed the heater and they wrestled with it.
Potelwa said: “I didn’t see paraffin spilled but later on I realised when I saw paraffin on my hands, I said to her that she must give me the child, she refused again, then I threatened her by saying I’m going to set her alight.”
He said after Mtshengu escaped he thought she had taken the baby with her and went to sleep. He was woken up by neighbours who beat and tied him up when they discovered the burnt body still in the toilet.
The post mortem revealed paraffin was concentrated on the little girl’s face and the smoke had consumed her capacity to breathe, causing her to suffocate before she passed.
State advocate Leon Snyman vigorously questioned Potelwa, who admittedly had lapses in memory.
Snyman questioned him on showing little to no emotion for the tragic death of his daughter and even smiling during previous court appearances.
He further asked Potelwa if he thought he was justified in his assault on Mtshengu, to which Potelwa responded: “I didn’t like what she was doing.”
Potelwa was unable to account for what happened to the baby, who was left in his care as the mother fled the scene. She returned the next morning to find a burnt corpse.