Day-care owner guilty of child’s death


Windhoek – Magistrate Lerato Unegu found Catharina van der Berg guilty of and responsible for the death of an 11-month-old toddler who was placed in her care back in 2012.

The evidence that was recorded digitally and presented by the state in court on Monday proved that 27-year-old Van der Berg, the then owner of a day-care facility, was guilty of culpable homicide.

It was found that between June 2012 and November 2012 Van der Berg was operating an unregistered day-care facility in Academia, Windhoek, where the toddler died.

From the evidence presented in court, Van der Berg wrongfully and negligently caused the death of the toddler while he was in her care at her unregistered facility at the time in question.

Eleven-month-old Ferreira Scholtz died on November 20, 2012 at the facility in Pluto Street in Academia, Windhoek.

The day-care was shut down following instructions from the office of the attorney-general after criminal charges were laid against Van der Berg.

After her arrest, Van der Berg made her first appearance in May 2014 in court on charges of operating an unregistered day-care facility and culpable homicide.

The court cautioned the accused Van der Berg to be present at court on the stipulated date for continuation of trial. On that date the court will decide on the appropriate fine or period of incarceration.

Even though found guilty of culpable homicide Van der Berg was acquitted and not found guilty under the Children’s Act on the charge of operating an unregistered day-care. The partially heard case was postponed to January 30 for final submission.


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