Courts failed my son - dad

Published Mar 25, 2006

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The father of a four-year-old boy, who was beaten so badly for refusing to call his mother's lesbian lover "Daddy" that he died of his injuries, says the courts and social workers are to blame for the death of his son.

Little Jandre Botha sustained horrific injuries, including a fractured skull and brain damage, as well as broken legs, collarbone, hands and pelvis, in the vicious assaults.

Jan Botha, Jandre's biological father, was in the public gallery of the Vereeniging Regional Court this week when his former wife, Hanelie Botha, 31, and her partner, Engeline de Nysschen, 33, were found guilty of the brutal murder of his son.

He sat in court holding the hand of his fiancée, Yolanda Deysel, and listened attentively to magistrate Rita Willemse, who, in her judgment, accepted evidence that among the factors that led to Jandre's brutal ordeal was his refusal to call De Nysschen "Daddy".

Four years ago, Botha laid criminal charges against his former wife and her lesbian partner for abusing his child. A Mokopane (Potgietersrus) court dismissed the case against Hanelie Botha and De Nysschen. Later, he tried to gain custody of the child, but was denied.

Botha recounted how the court had failed to accept his version that the two women were mistreating his child soon after his divorce in 1999.

Commenting on their murder conviction, Botha said: "I am very happy that the court of Vereeniging has accepted my version of my child's abuse at the hands of the two, because the law and the social workers in Potgietersrus failed me.

"It was proven in court this time that the social workers who recommended that Hanelie must get custody of Jandre did not do their job properly. I laid an assault charge against them four years ago."

A year before Jandre's death, the court dismissed the matter on the grounds that there was no evidence. This was even though Jandre had been absent from pre-school several times - now proved to have been the result of serial beatings.

"There was enough incriminating evidence against them, but they were let free. I'm happy that the prosecution in this case did its job properly," Botha said.

The magistrate criticised Botha's fitness to be a mother, saying her parents had later approached her ex-husband and had given him financial help to fight for the custody of his child.

Willemse also labelled De Nysschen a liar and a hopeless witness who had contradicted herself in testimony.

Botha and De Nysschen were further convicted of assault with intent to do grievous bodily harm and child neglect for failing to provide or seek treatment for Jandre's limb fractures.

The trial was postponed until June 26 for a pre-sentencing report.

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