Brother sentenced after confessing to killing sister

HERMAN du Toit, 63, who confessed to the murder of his older sister at the Newton Court flats in New Park, Kimberley, was sentenced to an effective four years’ imprisonment by the Northern Cape High Court this week.

He was arrested in Mossel Bay in July 2025, nearly five years after the brutal assault, during a joint operation involving the Da Gamaskop and Mossel Bay SAPS, the Western Cape Sea Border Unit, and Northern Cape tracking specialists.

The post-mortem results indicated that his sister died after choking on her blood as well as from blunt force trauma.

His legal representative, Heinrich Steynburg, indicated that his client was remorseful and never intended to kill his sister, Ellen Lorraine Botha, on February 16, 2020.

He added that Du Toit handed himself over to the authorities following the incident, but that no efforts were made to prosecute him or finalise the matter.

“The matter was left hanging over his head,” Steynburg said.

He stated that Du Toit had been residing with his sister when the police raided their flat.

“Du Toit informed the police that the search warrant was for an adjoining flat. Nothing was found inside their flat, and the police advised them to stay away from their neighbour.”

He indicated that the accused drank brandy and the deceased drank beer that evening. 

“They abandoned plans to braai. The deceased could not get over the humiliation they were subjected to during the raid, and that their neighbour had reported them to the police.”

Steynburg added that between 4am and 5am the following morning, Botha took a hammer and tried to break open the lock on the door.

“The accused tried to stop her from confronting their neighbour and took away the hammer, then slapped her. She ran to the kitchen and grabbed a knife, and injured the accused by cutting his thumb. He kicked her, and she fell and bumped her head. He took the knife from her and assaulted her with his fists. The accused immediately contacted the police officer who had searched their flat.”

State advocate Mary-Ann Engelbrecht said Du Toit had previous convictions for a range of drug-related offences and traffic violations dating back to 1988.

She added that the family had essentially lost both siblings and argued that the accused should be imprisoned for 15 years.

Judge President Pule Tlaletsi said Du Toit was a first offender in respect of violent crime and was advanced in age.

“Prior to his arrest, he was employed as a truck driver. He left school after completing Standard 8 as his father deemed him old enough to earn a living.”

He acknowledged the accused’s history of alcohol and substance abuse but noted that his last conviction had occurred almost 16 years ago.

“We do not know if the substances are used for medicinal or recreational use.”

He pointed out that the offence was serious, as a life had been lost.

“This case has unique circumstances. After the matter was removed from the roll and there appeared to be no efforts to allow him to have his day in court, the accused approached Legal Aid South Africa, where it was advised that he should enter into a plea agreement.”

Tlaletsi said he believed that Du Toit would not reoffend and sentenced him to eight years’ imprisonment, four years of which would be suspended for five years on condition that he did not commit a similar offence.

“He will be given an opportunity to reflect on his conduct,” he said.