Tshosa said she was headed to her hair appointment within the informal settlement when she saw a woman, later identified as Kelly, have an argument with a man.

She also witnessed a child nearby.

Tshosa told the court that the woman and what she assumed was her partner had an ugly argument, and the woman took the child, saying: ‘ek gaan jou wys (I will show you)’. She testified she saw Kelly pulling the child and heading into the shack. She also saw Joshlin show Kelly a pink flip-flop. At the time, she heard what sounded like pots and dishes falling.

“I thought she was fighting with her husband and taking her frustrations out on the child,” Tshosa said.

She further stated the man she assumed was Kelly’s partner was sitting in the middle of the boulders in the informal settlement and seated on either side of him were a man and a woman, who she only identified was a woman because her breasts were visible.

Mkabayi’s cross-examination was met with many interferences by Judge Nathan Erasmus who told her either a question would not be allowed or had to explain the context of certain questions and even statements made by herself.

Mkabayi also fine-combed every aspect of Tshosa’s statement, however, the resident stuck to her story and remained adamant about what she saw.

While Mkabayi tried discrediting the witness, she remained steadfast in what she saw, and the statement she gave.

Kelly’s lawyer, Rinesh Sivnarain asked if the witness knew Kelly, but she said she did not, and on the day of the incident was the first time she saw her.

“What drew my attention was the way she was arguing with her boyfriend,” Tshosa said.

The woman explained that while Kelly and Boeta had a verbal altercation, it did look as if the altercation could become physical.

She testified that as she was coming near the canal she could hear the altercation and she could see the child, but the child was just standing there.

They were speaking loud, screaming.

“Anyone can have loud arguments, doesn’t mean it will end up physical,” Sivnarain said.

The witness just said okay.

She said the argument ended when the mother pulled the child away and stated ‘I will show you’. Tshosa also explained the other two persons she saw were busy crushing something.

The witness even mimicked the crushing in court.

“Accused three denies having an argument with boyfriend,” Sivnarain said. “I saw them arguing,” Tshosa responded.

“She denies pulling the child Joshlin into the house,” he submitted.

“I saw her pulling her,” the witness maintained.

Cape Argus