HIGH COURT IN KIMBERLEY CONVICTS BROTHER FOR MURDERING HIS SISTER
25 NOVEMBER 2025
HIGH COURT IN KIMBERLEY CONVICTS BROTHER FOR MURDERING HIS SISTER
Kimberley, Northern Cape – The National Prosecuting Authority (NPA) in the Northern Cape notes the conviction and sentencing of Herman Hermanus Du Toit, who appeared before the High Court sitting in Kimberley for the murder of his sister, 58-year-old Ellen Lorraine Botha. The deceased and the accused lived together in New Park, Kimberley, at the time of the incident.
In the early hours of 16 February 2020, Warrant Officer Henk van der Merwe received a call from the accused, who reported that he had assaulted his sister and that she was unresponsive. Police responded immediately and found the deceased inside the flat, where she was declared dead on the scene. A postmortem examination revealed that Ms Botha died as a result of aspiration of blood due to blunt force trauma. The pathologist further noted damage to the hyoid bone, consistent with strangulation. Du Toit was subsequently charged with murder. The minimum sentencing provisions of Section 51(2) of the Criminal Law Amendment Act applied, as the crime occurred before amendments prescribing life imprisonment for murders committed in a domestic relationship came into effect. In the absence of substantial and compelling circumstances, the court would have been required to impose a minimum sentence of 15 years’ imprisonment. The accused tendered a plea of guilty and was accordingly convicted.
During sentencing, the State, led by Advocate Mary-Ann Englebrecht, argued that a sentence of 18 years’ imprisonment was appropriate, citing the severity of the injuries, the violence reflected in the postmortem findings, the deceased’s age and gender, and the breach of trust inherent in the familial relationship. These factors, the State submitted, warranted a sentence above the statutory minimum. However, the court found that substantial and compelling circumstances justified deviating from the prescribed minimum sentence. These included the accused’s age, his intoxication at the time of the incident, the fact that he had not reoffended in the years since the murder, and that he had been provoked by the deceased’s conduct. The court further remarked that the circumstances did not fall within what the Legislature intended to classify as “femicide.” The court consequently imposed a sentence of 8 years’ imprisonment, of which 4 years are suspended for 5 years, on condition that the accused is not convicted of murder during the period of suspension. Du Toit was also declared unfit to possess a firearm.
The NPA remains committed to pursuing justice for victims of violent crime and to ensuring that offenders are held fully accountable. The sanctity of human life can never be overstated, and the NPA will continue prosecuting these cases vigorously to deter would-be offenders and promote a safer society.
Issued by:
Mojalefa Senokoatsane
NPA Regional Spokesperson
Northern Cape Division
073 423 3539