Media granted permission to photograph mother accused of murdering her son
The Magistrate allowed the media to take pictures of Noxolo Pearl Ngqono, accused of murdering her son.
Image: Tracy-Lynn Ruiters
The media was granted permission to photograph a mother accused of beating her five-year-old son to death. She is expected to learn her fate today in the Western Cape High Court, currently sitting at the Wynberg Regional Court.
At the start of proceedings, members of the media submitted an application to photograph the accused, Noxolo Pearl Ngqono. However, her defence opposed the application, arguing it had not been brought within the required 24-hour period before the matter was heard.The defence further contended that introducing such an application at this stage of the proceedings was unfair, emphasising that there are established guidelines governing media applications of this nature.
It also raised concerns around privacy, arguing that the accused has the right not to be photographed. State prosecutor, Advocate Renee Uys, opposed the defence’s arguments, telling the court that there was no prejudice against the accused should the application be granted. Uys further argued that the complainant in the matter is deceased and that the public has a right to know and access information about the case. She also pointed out that judgment had not yet been delivered.
Acting Judge A Van Leeve briefly stood the matter down to consider the application. Upon returning to court, she ruled that because the High Court is currently sitting in the Wynberg Regional Court, the proceedings are to be treated as those of an open court. She stated that she could not prevent members of the public or the media from attending proceedings. However, she cautioned that if photographs are taken, neither the legal representatives nor herself should be included.
The matter relates to the death of Ngqono’s son, Luvela Ngqono, who was five years old at the time of his death on 28 October 2020. Ngqono faces charges of assault with intent to do grievous bodily harm and murder. The State alleges that the child, who was born on 13 October 2015, lived with his mother and her husband in Belhar Gardens, Belhar.
Evidence before the court indicated that concerns about the child’s wellbeing were first raised on 26 April 2019, when he was dropped off at daycare with visible injuries. He was later examined at Karl Bremer Hospital, where medical findings were consistent with physical assault. He was subsequently removed from his mother’s care in terms of the Children's Act, before being returned to the family in September 2019.
The court heard that on the day of the child’s death, Ngqono’s husband, Bandile Dyonase, left for work at approximately 06:15, leaving the child in her care. He later returned home at her request and found the child unresponsive.The incident was reported to the South African Police Service, and the child was declared dead at the scene later that evening.
A post-mortem examination found that the cause of death was multiple blunt force injuries to the body. Ngqono faces the possibility of life imprisonment if convicted, in line with provisions of the Criminal Law Amendment Act.Proceedings are ongoing, with judgment expected to be delivered.