Father who grabbed baby off mother’s back, leading to fatal fall, gets 10 years

The Northern Cape High Court has sentenced the father of a three-month-old baby killed during a physical altercation with the mother to 10 years' imprisonment.

The father of the baby, Henry Manolo, 31, a Malawian, was found guilty of culpable homicide and for assaulting the baby's mother. He was also found guilty of contravening the Immigration Act, as he is in the country illegally. 

According to spokesperson for the National Prosecuting Authority, Mojalefa Senokoatsane, the three-month-old boy, Henzo, died on March 26 2023 when his parents, who were both intoxicated, got into a physical fight.

“Manolo pushed and pulled the complainant [the mother], causing her to fall backwards with Henzo still strapped to her. He then forcibly removed the baby from her back, causing the infant to fall onto the tarred road, before fleeing the scene with Henzo in his arms.

“The mother searched but could not find them and eventually returned to her grandparent’s home for the night. The next morning, she went to the police station to report the incident. While she was away, Manolo returned to the house and placed Henzo’s lifeless body on a couch before leaving.” 

Senokoatsane said the father was arrested while attempting to hitch a ride to Kimberley.

He said during the trial, testimony from family members, particularly the great-grandparents of the deceased baby, painted a picture of a volatile relationship marked by previous instances of abuse.

He said the court had to pause several times as the mother struggled to recount the traumatic events of that led to the death of her child that night.

In her victim impact statement, read into the record, she expressed that she had not yet come to terms with her son’s death and had not even washed his clothes since his passing.

In his defence, Manolo said the child accidentally fell from his hands while he was taking him from his intoxicated mother. He insisted that he fled not to evade the law but out of fear for his own life, as he believed the family wanted to kill him.

Prosecutor Elmari Kruger argued that Manolo deliberately misled the court, knowing full well the consequences of his actions. She emphasised that no father would simply place a severely injured child on a bed without seeking urgent medical assistance.

Kruger contended that his actions were grossly negligent, bordering on recklessness, demonstrating a blatant disregard for the child’s safety.

Senokoatsane said in determining the matter, the court noted that while there was no intent to kill the baby, the actions of the father were negligent. He was also sentenced to 12 months imprisonment for being in the country illegally and six months for assault. All sentences will run concurrently, meaning Manolo will spend an effective 10 years in prison.

Additionally, Manolo was declared unfit to possess a firearm in terms of section 103 of the Firearms Control Act.

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