Tragic verdict: Lekesha Marthinus' death ruled as culpable homicide, not murder

After 21 postponements and more than 1 200 days of waiting to hear the verdict in the death of 18-year-old Lekesha Marthinus, the man accused of murdering her has been found guilty of culpable homicide instead of murder.

Austin du Plessis appeared in the Mitchells Plain Regional Court on Tuesday, where he finally heard his fate.

Marthinus was killed on 5 November 2022 in Tafelsig, Mitchells Plain, after Du Plessis threw an empty beer bottle at her head while she was holding their nine-month-old baby. She was rushed to hospital but declared dead on arrival.

Delivering judgment, Magistrate Mary Jwacu said the State had not proven beyond reasonable doubt that Du Plessis intended to kill, or foresaw the possibility that his actions would lead to the death of his girlfriend of three years.

In her ruling, Jwacu rejected two witness accounts alleging that Du Plessis repeatedly struck Marthinus with a beer bottle. Instead, she accepted the version of another witness who testified that Du Plessis first struck Marthinus in the face with his fist and, after she stood up without assistance, threw a beer bottle at her.

The magistrate said this version aligned with the accused’s own account and the movements of the day and that he did not aim to throw her against the head.

Jwacu also referred to the nature of their relationship, noting that the couple had been together for three years and had made plans to move out of Tafelsig.

According to evidence before the court, Du Plessis intended to distance himself from friends who were not a positive influence and to leave drugs behind.

While the court found that Du Plessis delivered the fatal blow, Jwacu ruled that it was not intentional. She said when he realised he had struck Marthinus on the head with the bottle, he appeared shocked and had wanted to rush her to hospital himself.

For these reasons, Du Plessis was found guilty of culpable homicide.

Although the verdict does not amount to a murder conviction, advocacy group Action Society said it welcomed the fact that the court had held the accused criminally accountable.

Since Action Society began monitoring the matter in January 2023 as part of its victims’ rights oversight programme in the Western Cape, the case was postponed at least 21 times before judgment was delivered.

“For 1 200 days, Lekesha’s family had to return to court again and again,” said Kaylynn Palm, Head of Action Society’s Action Centre in the Western Cape. “This verdict confirms that Lekesha’s death was the result of unlawful conduct. But 21 postponements and 1 200 days tell a deeper story about systemic delay. Justice must not take this long.”

Palm added that while the legal distinction between murder and culpable homicide is significant, the reality remains unchanged.

“A young woman is dead, a child has lost a mother, and a family waited more than three years for accountability. Accountability must now be matched with meaningful consequences.”

The matter has been postponed to 30 and 31 March 2026 for the completion of a pre-sentencing report and for the probations officer report.

Action Society said it will continue to monitor the case as it proceeds to sentencing.

Marthinus’ mother, Cheryl-Ann Smith, was too distressed to speak to the media after the verdict was handed down.