The family of 14-year-old Malcolm Booysen says justice has not been served after the boy who fatally knocked him down was sentenced to three years at a child and youth care centre.
Malcolm was killed in 2025 when a vehicle driven by a 12-year-old boy skipped a stop sign at the corner of Northdene and Madeley streets in Brakpan, Ekurhuleni.
The vehicle struck Malcolm before crashing into a fence.
The boy, who was 12 at the time of the incident, was sentenced this week to compulsory residence at the Soshanguve Child and Youth Centre for three years.
National Prosecuting Authority spokesperson Lumka Mahanjana confirmed the sentence.
But Malcolm’s mother, Helen-Ann Booysen, said the punishment was too lenient and that she intended taking further steps in the hope that the State would appeal.
“Three years is very little. I just feel it is not fair. He must get more than that. I promised Malcolm I will fight to the end. At the moment, I feel that I failed him,” she said.
The sentence has reopened the family’s grief and left Malcolm’s parents struggling to come to terms with the fact that the boy responsible will eventually return to his life while their son will never come home.
Family says sentence cannot match the loss
The case has been moving through the child justice system since Malcolm’s death.
Because the driver was a child at the time of the crash, the matter was dealt with under the child justice system rather than through the ordinary adult criminal process.
The NPA said the boy would serve a period of compulsory residence at the Soshanguve Child and Youth Centre.
Malcolm’s aunt, Merissa, said the sentence had deepened the family’s sense of injustice.
“After three years, he is free to carry on with his life. He will have a future that Malcolm was robbed of,” she said.
“One parent has lost a child forever, and another parent still has the privilege of seeing their child, even if it’s only after three years. Life is unfair and my sister will always long for her child.”
The family understands that the offender was also a child when the collision happened, but says that reality does not reduce the pain of losing Malcolm.
For them, the sentence represents only a short period compared with the lifetime Malcolm should have had.
Father struggling to face son’s death
Helen-Ann said Malcolm’s father, Quinton, had been particularly affected by the sentence.
She said he had been in a distressed state after returning from work on Tuesday evening and had blamed himself for what happened to their son.
“My husband is very upset. He was in a state on Tuesday evening after work. His father blamed himself, and he couldn’t stop apologising.
“I told him he must not blame himself, because it was not his fault. It was the Lord’s plan, and he must accept it,” she said.
Quinton has visited Malcolm’s grave only once, his wife said, because he is still struggling to accept that his son is gone.
The family’s grief has been complicated by the sudden and violent nature of Malcolm’s death.
They have had to revisit the circumstances of the crash while also trying to support one another through the court process.
Mother recalls Malcolm’s frightening dream
Helen-Ann said Malcolm had spoken to his father about a recurring dream before his death.
She said the teenager had dreamed that he was going to die, although he did not know how it would happen.
“Malcolm had dreams before he died. He told his father he was going to die, but he doesn’t know how [he was going to die]. He dreamt it about three times, and two weeks later the accident happened, and then he died.
“His father told him not to worry about it, because he told his father it made him scared. It’s as if Malcolm could sense it,” she said.
The family has been left searching for meaning in the events leading up to the crash, while trying to cope with the reality that no explanation can bring Malcolm back.
Helen-Ann said she was holding on to her son’s words, her faith and prayer as she faced the most difficult period of her life.
“I stay positive by thinking of Malcolm’s words that he said to me, by praying, believing and trusting and not doubting. Especially when things were a bit difficult,” she said.
Younger brother still grieving
Malcolm’s death has also deeply affected his 11-year-old brother, Jacques, who was at the scene on the day of the crash.
Helen-Ann said Jacques was still struggling to process what happened and often watched old videos and looked through photographs of his brother.
“He wants to be like Malcolm and goes through the phone a lot and watches videos of him and Malcolm.
“Some days they talk a lot about him, especially about his toys that he had and the type of person he would have been now,” she said.
The family is now grieving not only the child Malcolm was, but also the young man he would have become.
They imagine the future he might have had, the dreams he might have pursued and the milestones he will never reach.
For Jacques, those memories remain part of his daily life as he watches videos and revisits the objects and moments that remind him of his brother.
NPA complaint planned
Helen-Ann said she planned to lodge a complaint with the National Prosecuting Authority and take further steps in the hope that the State would appeal the sentence.
“I am going to complain to the State prosecutor and take further steps,” she said.
The family has not indicated what specific legal remedy it will seek, but its dissatisfaction with the three-year sentence is clear.
Any appeal or review would have to follow the relevant legal process and consider the provisions governing children accused of serious offences.
The sentence itself does not erase the consequences of the crash for Malcolm’s family, who will live with his death indefinitely.
A family left with a lifetime of grief
Malcolm’s death came after a vehicle allegedly skipped a stop sign and struck him before crashing into a fence.
He was 14 years old.
The driver was 12 at the time and has now been ordered to spend three years at a child and youth care centre.
The case has highlighted the painful contrast between the child offender’s rehabilitation under the child justice system and the permanent loss suffered by Malcolm’s family.
The family’s anger is mixed with grief, faith and a determination to keep Malcolm’s memory alive.
Helen-Ann has promised her son that she will continue fighting, while the family supports Quinton and Jacques through their own different forms of mourning.
For them, Malcolm is not a case number or a name in a court file. He was a son, brother and child with dreams, fears and a future that was taken away in a moment.
As the family considers its next legal steps, it is also trying to find a way forward without the boy they lost.
Their central message is that three years cannot equal the value of Malcolm’s life or the decades of memories his parents and brother will never get to make.