HERMAN du Toit, 63, who admitted to killing his older sister at the Newton Court flats in New Park, Kimberley, received a total of four years in prison from the Northern Cape High Court this week.
He was taken into custody in Mossel Bay in July 2025, almost five years following the violent attack, as part of a collaborative effort between the Da Gamaskop and Mossel Bay SAPS, the Western Cape Sea Border Unit, and Northern Cape tracking experts.
The autopsy findings revealed that his sister passed away due to suffocating on her own blood along with injuries caused by blunt force.
The client's lawyer, Heinrich Steynburg, stated that his client felt regret and had no intention of killing his sister, Ellen Lorraine Botha, on February 16, 2020.
He mentioned that Du Toit turned himself in to the authorities after the event, but that no attempts were made to bring charges against him or resolve the issue.
"The issue remained unresolved above his head," Steynburg stated.
He mentioned that Du Toit was staying with his sister at the time the police searched their apartment.
Du Toit told the police that the search warrant applied to a neighboring apartment. Nothing was discovered in their own apartment, and the police instructed them to avoid their neighbor.
He stated that the defendant consumed brandy and the victim drank beer that night.
They stopped their plans to have a barbecue. The deceased couldn't cope with the embarrassment they experienced during the raid, and the fact that their neighbor had informed the police.
Steynburg mentioned that during the early hours, specifically between 4 a.m. and 5 a.m., Botha used a hammer in an attempt to open the door's lock.
The defendant attempted to prevent her from confronting their neighbor and took the hammer away, then slapped her. She went to the kitchen and picked up a knife, injuring the defendant by cutting his thumb. He kicked her, causing her to fall and hit her head. He took the knife from her and attacked her with his fists. The defendant immediately called the police officer who had searched their apartment.
State prosecutor Mary-Ann Engelbrecht stated that Du Toit had prior convictions for various drug-related crimes and traffic infractions starting from 1988.
She mentioned that the family had essentially lost both children and claimed that the defendant should receive a 15-year prison sentence.
Judge President Pule Tlaletsi stated that Du Toit had no prior history of violent offenses and was of an older age.
Before his arrest, he worked as a truck driver. He dropped out of school after finishing Standard 8, as his father believed he was old enough to start earning a livelihood.
He recognized the defendant's past struggles with alcohol and drug use but pointed out that his most recent conviction was nearly 16 years prior.
We are uncertain whether the substances are being utilized for medical or recreational purposes.
He emphasized that the crime was severe, since a life had been taken.
This situation involves special conditions. Once the case was taken off the list and it seemed there were no attempts to ensure he could present his case in court, the defendant contacted Legal Aid South Africa, which suggested he enter a plea deal.
Tlaletsi stated that he was convinced Du Toit would not commit further offenses and imposed an eight-year prison sentence, with four years suspended for five years provided he did not commit a comparable crime.
"He will be granted a chance to contemplate his actions," he stated.
Sandi Kwon HooProvided by SyndiGate Media Inc. (Syndigate.info).
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