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State drops case against Durban baby's father

The State is no longer proceeding with its case of fraud and defeating the ends of justice against a man who was last year found with the then one-month-old baby, two days after she was reported kidnapped.

Durban Magistrate's Court
Jarryd Subroyen

The case was struck off the roll in the Durban Magistrate’s Court this morning.

The man’s lawyer, Andile Dakela, says he was simply acting in the best interests of his daughter.

Dakela has been representing the biological father of the little girl at the centre of the drama.

"The matter today has been struck of the roll by the State after we made formal representations to the State. On the basis of that, they decided not to continue with the prosecution," Dakela explains.

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“It was brought to his attention, by the mother of the child, that there were tensions in her marriage as a result of the birth of the child. She then suggested that the accused take the child with him and eventually to his home town of Greytown to live with his mother and that she would make arrangements to meet with the child in future.”

Dakela argued his client did not falsely report a crime and defraud the State nor did he cause the police to act in any manner that defeats the ends of justice.

Reports that the baby girl had been abducted from Durban's city centre triggered a massive search by police, security firms and the general public who then rallied to find her.

The case trended on social media as dozens prayed for the child's safe return.

The baby was found by police two days later at the Mariannhill Toll Plaza.

Baby Siwaphiwe's mother has admitted to staging the kidnapping and pleaded guilty to charges levelled against her.

She is currently serving a five-year prison term.

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