The Sunday News
Thulani Ndlovu Sunday News Correspondent
A 12-YEAR-OLD old juvenile from Madlambuzi, Plumtree, reportedly killed his cousin (16) who mocked him for bedwetting.
The probation officer in charge of the investigations has referred the matter to the State to consider whether the boy can be charged for contravening Section 47 (1) of the Criminal Law (Codification and Reform Act) Chapter 09:23, murder.
The schoolboy deposed a warned and cautioned statement assisted by his grandparents, who cannot be named to protect the boy’s identity, admitting to killing his cousin.
“I assaulted the deceased once at the back of his head with a tree bark, once again on the neck with a bicycle pedal metal part and I jabbed him once on the back of the head with a metal rod,” admitted the juvenile.
In his defence, he said he was provoked, ridiculed and assaulted before retaliating.
“My cousin approached me where I was seated on the wheelbarrow, booted me on the leg and I booted him back on the leg too.
“He then said to me he does not speak to someone who wets his bed but proceeded to sit next to me,” he said.
“When he stood up, the wheelbarrow went up and I hit my head against a log on my forehead (sic). I picked myself up, and I noticed that my cousin was already holding a metal rod which I snatched and moved a few steps backward. I threw the metal rod at him, striking him at the back.”
The metal rod was the fatal blow, penetrating the back of the head. According to a medical report, the cause of death was brain damage.
The social worker’s report described the child offender as introspective and quiet.
“According to school authorities the child is not aggressive, he is emotional most of the time if anything goes wrong he easily cries,” read part of the social worker’s report.
The same report had misgivings about the deceased’s behaviour, labelling him “a bully who tormented other pupils”.
“The latter was always involved in bullying incidents, whenever other students reported that they were being bullied.
“We ended up promoting him to the position of a head boy hoping that the responsibility associated with the task would make him change for the better,” his headmaster is quoted as saying in the social worker’s report.
In terms of the laws of the country, children below the age of 18 are tried in terms of the Children’s Act (chapter 5:06). A children’s court after holding an inquiry in terms of the Act may order that a child or young person who has been convicted of an offence be placed in a certified institution, or placed in, returned to or remain for foster care with any suitable person.
Moreover, the child or young person may be ordered to remain in the custody of his parents or guardians.
