Mom on bail for ‘kidnap’ of own child

JUBILANT: Phumza Kadeni is happy with Nancy Suhlwayi's decision to order the court to return the baby to her Picture: MICHAEL PINYANA
JUBILANT: Phumza Kadeni is happy with Nancy Suhlwayi's decision to order the court to return the baby to her Picture: MICHAEL PINYANA
Phumza Kadeni’s eight-month-old baby has been handed back to authorities and she was granted bail of R500 at an emotional court hearing in the East London Magistrate’s Court yesterday.

While Dispatch was unable to confirm if the child was back with Kadeni’s former employer, East London magistrate Michelle Pillay, the court order issued on March 27 states that Pillay is the legal guardian of the child for a 30-day period.

Anelisa Mdyogolo, a friend of Kadeni, said: “We gave the child back to CMR in the presence of the police on Sunday night.”

Provincial police spokesman Khaya Tonjeni said the child was returned to CMR in terms of a standing court order.

Bail was granted to Kadeni yesterday by magistrate Rochelle Sam.

Scores of Mzamomhle residents sang and chanted at the court before the hearing and cheered when Kadeni emerged after being released on bail while investigations into the matter continue.

She is expected to return to court in May.

Kadeni’s elderly mother Tototo and father Richman Kadeni travelled from Centane to attend the hearing.

They commented afterwards: “Are these the lengths this magistrate is willing to go to, to keep our grandchild from us?”

Kadeni was arrested on Saturday evening after she removed her child from Pillay’s Gonubie lawn while on an arranged visit.

It is alleged she handed the baby over the fence to people believed to be her family members while she remained locked inside Pillay’s property.

Tonjeni said Kadeni was arrested on Saturday for contravening the order of the court that granted Pillay guardianship while CMR conducted an investigation.

He said a second kidnapping case involving the baby was opened on Saturday afternoon after the child disappeared. The police would not say which party was being investigated for kidnapping.

Last month, Kadeni opened a case of kidnapping against Pillay.

Tonjeni said the police were obliged to respect the court order in the possession of CMR.

“Police are concerned about the health, welfare, and safety of the child and anyone who takes the minor illegally is contravening the court order and breaking the law. It is on this basis that police arrested the mother of the child,” Tonjeni said.

A facilitated handover of the child to CMR took place on Sunday evening, the Dispatch was told by a community member present.

Yesterday, Mzamomhle residents came out in their numbers to rally behind Kadeni, arriving in hired vehicles.

Supporters filled the courtroom while crowds remained outside chanting and singing for justice to be served for Kadeni.

But while her release was joyfully celebrated by her supporters, Kadeni’s distraught parents failed to fully rejoice in the moment.

“What is this that’s befallen our family? Will my granddaughter ever return? Why doesn’t Pillay care that we want our child back?” These were the questions on Tototo’s mind as she talked to the Dispatch.

She said the child’s separation from the family had caused them great anguish and stress.

Pillay has remained silent on why she is keeping the child.

In a statement to the Dispatch last month, CMR chief social worker Gaye Moonieya said Pillay had bonded with the little girl and instant removal would be “traumatic for her”.

Asked further questions about what legal rights Pillay had over Kadeni’s child, Moonieya declined to comment.

Yesterday CMR did not comment.

Kadeni’s father said: “What nonsense is this that a person needs to resort to these extremes in order to get their own child back?

“We’re willing to raise the child ourselves if Phumza is deemed unfit, but neither Pillay nor these social workers contacted us at any stage. We don’t know what grounds they’re standing on with this matter. Kange ndawubona umhlola ongaka mna .” — nonsindisoq@dispatch.co.za

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