The SCA pointed out that according to the testimony of Botha’s son, she had suffered years of abuse at the hands of her late husband
THE 12-YEAR prison sentence handed down to Goudina “Koekie” Botha has been overturned to three years’ correctional supervision by the Northern Cape High Court after an appeal by the now 70-year-old and destitute Botha.
Botha lodged an appeal to the Supreme Court of Appeal (SCA) against her sentence and conviction and in November last year the conviction was confirmed but the sentence was set aside.
She was found guilty in December 2015 on a charge of murder and sentenced to 12 years imprisonment after her husband, a prominent Britstown farmer, was found dead on Sunday, July 11, 2010.
The deceased, Pieter “Nico” Botha, sustained two gunshot wounds to the head in what was initially believed to be suicide.
The SCA in November last year ruled that Botha must be resentenced.
Judge Mathebe Phatshoane, when handing down the new sentence on Tuesday, said that the SCA had pointed out that according to the testimony of Botha’s son, she had suffered years of abuse at the hands of her late husband.
The SCA also stated that the abuse was of such a nature that it resulted in two of Botha’s children (Nannie and Phillip) leaving the farm they were staying on for good.
Judge Phatshoane added that the SCA also ruled that the incident had resulted in a breakdown in the relationship between Botha and some of her children.
“In its judgment, the SCA held that the appellant is now 70 years old and alienated from most of her family. She ultimately had to leave the farm in January 2012 and was admitted to a psychiatric ward in Kimberley in February 2012. She still remains under the care of a psychologist and psychiatrist, who indicated that she suffers from severe post-traumatic stress disorder, generalised anxiety and depression.
“Since she left the farm her daughter Loudine has never visited her. She has virtually no assets.
“As conviction has been confirmed, the accused will be left destitute as she may not be entitled to any inheritance under the deceased’s will and will have no source of income.”
Judge Phatsaone said that Botha’s movement will be restricted during the term of her correctional supervision.
“The accused will be under home detention during all hours except on Wednesdays and Fridays between 10am and 12pm, Tuesdays from 8.30am until 1.30pm and Sundays from 8.30am until 11am. Also, one weekend per month from Friday 12pm until Sunday 6pm including any period reasonably required for medical treatment for a period of one year.”
Judge Phatsaone said that Botha would also be obliged to take part in programmes as determined by the Department of Correctional Services. “The accused will also take part in any mediation process between herself and her family as determined by the commissioner.
“The accused will be restricted to the magisterial district of Kimberley, Britstown and Phillipstown for the full period of her home detention, provided she informs her correctional supervision official in the event of her intending to travel between Kimberley and any other two districts. The accused will not be entitled to leave the Republic of South Africa for the full period of her correctional supervision.
“She must also refrain from using any alcohol or illegal drugs and from committing any criminal offence. The accused will be subjected to monitoring as determined by the commissioner and must report to the correctional supervision officer assigned to her case,” said Judge Phatshoane.