Lesedi Mthwa a 17 year old girl who suffers from mental illness since birth residing in Lebode a rural area in the Eastern Cape visits her aunt inMdantsane for the holidays in December. Her uncle is self employed however because of the Covid lock down regulations, his business is not doing well and as thus he is at home not working. He,because of frustarion,would drink a lot and get up to no good at home to such an extent that one morning he woke up with the wife having gone to work,and went to Lesedis bedroom and attempted to rape Lesedi. Lesedi however ran to the kitchen where there was a beer bottle on the table which was left by the uncle on the previous night. She then tried to defend herself by taking the beer bottle and hitting the uncle with a beer bottle on his head a numerous times and when the bottle broke she then took a cricket bat from the bedroom and hit the uncle on his head continuously until such time that he passed on. SAPS was called by the neighbours to report the incident and she was however arrested.

as an an attorney and whos is approached by Lesedi's family. Please assist in providing Lesedi with legal advise in respect of her matter. Please refer to case law and legislation when necessary.

NB; USE SOUTH AFRICAN LAW