Cops hunt for custody feud baby, arrest mom

The young Mzamomhle mother Phumza Kadeni involved in a battle with a magistrate for custody of her baby was arrested on Saturday evening after the infant was removed during an arranged visit.

Police are searching for a second person in connection with the matter.

The baby was taken while Kadeni was visiting the baby at the Gonubie home of magistrate Michelle Pillay.

Pillay was granted temporary custody of the baby a week ago.

At the time of writing the exact whereabouts of the child had not been established.

Police and community members were in discussions yesterday about the possibility of the baby being handed over to a government safe house.

Kadeni was previously employed by Pillay. She says the magistrate has refused to allow her access to her baby since January.

Kadeni was on her second visit to Pillay’s home when the baby was removed on Saturday afternoon.

The baby was apparently handed over Pillay’s garden fence to people who were outside with a vehicle.

The vehicle disappeared to an unknown location while Kadeni remained at Pillay’s house.

At this point the Dispatch received a tip-off from Mzamomhle residents and went to the Gonubie police station where station commander Lieutenant-Colonel Tolisile Mdyogolo confirmed the incident.

While in discussions with the Dispatch, Mdyogolo was contacted by the SAPS provincial commissioner Major-General Liziwe Ntshinga who instructed a search for the infant.

The police then fetched Kadeni from Pillay’s house in a police van.

Bulletproof-vested police officers then began to search Mzamomhle.

More than seven police vehicles drove around Mzamomhle’s streets.

Community members chanted and danced, protesting against the police’s presence.

Anelisa Mdyogolo, the Mzamomhle ANC Youth League chairperson, said community members would not release the child until they had it in writing that the baby would not be returned to Pillay’s house but would be taken to a safe house instead.

SAPS provincial spokesman Khaya Tonjeni confirmed Kadeni’s arrest.

“The mother of the child was charged with unlawfully removing the child from the place of safety,” he said.

“The second accomplice is still at large with the child. The case docket was registered for investigation by the Family Violence, Child Protection and Sexual Offences (FCS) unit.”

A court order was issued last week granting the magistrate temporary custody of the child and authority for the Christelike Maatskaplike Raad (CMR) to carry out an investigation over 30 days while the child remained in Pillay’s care.

At the time CMR chief social worker Gaye Moonieya said Kadeni would be allowed to spend one day a week with her daughter for the next 30 days while CMR investigated.

“An agreement has been reached that Ms Kadeni and her family will visit once a week for the next 30 days while we conduct a court-ordered investigation in terms of Section 50 of the Children’s Act,” Moonieya said in a statement.

Moonieya said CMR was to report back to the court after the 30 days about reuniting the mother with her baby.

She said the child was not being kept away from Kadeni because of her poverty.

Kadeni earlier opened a case of kidnapping case against Pillay, but no arrests were made.

The ANCYL’s Mdyogolo this weekend came out in strong support of the mother.

“It’s interesting to see the police suddenly act when they failed Phumza from the beginning. After Phumza returned to the police station for the second time last month, the cops failed to get her child back from Pillay even when had no documentation giving her rights to the child.”

She wanted to know why Pillay had not been arrested prior to the court order being made.

Mzamomhle resident Xolisa Paul said the community was in an uproar about the way Kadeni’s case was being handled.

“We are ready to exhaust all avenues to ensure that Phumza gets the justice she deserves.”

Attempts to obtain comment from the department of social development yesterday were not successful. — nonsindisoq@dispatch.co.za

subscribe

Would you like to comment on this article?
Register (it's quick and free) or sign in now.

Speech Bubbles

Please read our Comment Policy before commenting.