Cape Town – The Klerksdorp regional court has sentenced a man to life imprisonment for the murder of 10-year-old Kamogelo Sithole who was found dead in his shack in Ikageng near Potchefstroom.
Joseph Phage, 39, entered into a plea agreement with the state.
According to the provincial spokesperson for the National Prosecuting Authority (NPA), Henry Mamothame, Phage was convicted on charges of murder, attempted murder and kidnapping.
Initially, Phage was also charged with assault with intent to do grievous bodily harm to which he pleaded not guilty.
State prosecutor, Advocate Benny Kalakgosi accepted the plea, following a few additional admissions the court inquired about charges he pleaded guilty on.
Mamothame said the court was reluctant to accept the plea without Phage fully declaring the reason for his actions.
Phage made amendments to his plea statement following consultation with his legal representative.
The court heard, on June 9, 2020, Phage went to the house of his then partner, Betty Sithole. The couple were not living together at the time due to relationship problems.
He found her busy with their child’s hair upon his arrival. Sithole told Phage to take their child home, however, instead of taking the child he begged her to forgive him and continue their love affair.
When Sithole refused, he took out a knife and stabbed her while she was holding their child.
Sithole’s sister came and tried to intervene but she was also stabbed and hit with a hammer on her shoulder.
While Sithole tried fleeing, Phage stabbed her multiple times on her waist and below her armpit and then fled the scene.
On August 9 last year, he was arrested.
On November 4 last year, Phage had to appear in court for the vicious attacks, however, he escaped from the court precinct after attempting to persuade Sithole to drop the charges against him.
The court further heard Phage was rearrested on November 7, last year, after the body of 10-year-old Kamogelo Sithole was found inside his shack in Sonderwater informal settlement.
Phage is alleged to have kidnapped the daughter of his ex-girlfriend from her primary school and held her at an unknown location. Sithole subsequently filed charges of kidnapping at the local police station. Phage, who is not the girl’s biological father failed to disclose the whereabouts of the young girl.
On November 8 last year, police searched Phage’s home and found the partially decomposed body of Kamogelo hidden under a bed. A post-mortem revealed the child died of strangulation.
During his plea, Phage admitted to strangling the girl with a cable until she died.
Advocate Kalagosi urged the court to take Phage’s previous convictions into consideration when sentencing him.
His previous convictions include attempted rape, robbery with aggravating circumstances and housebreaking.
Advocate Kalagosi asked for the court to deal harshly with those who perpetrated gender-based violence and femicide as well as those who commit crimes against women and children.
Judge Andre Petersen sentenced Phage to life imprisonment for murder, 15 years imprisonment for attempted murder and five years for kidnapping.
He ordered the sentence to run concurrently and declared Phage unfit to possess a firearm.
Phage attempted to bring forth an application of leave to appeal against his sentence.
This was refused.
Director of Public Prosecutions in the North West, Dr Rachel Makhari-Sekhaolelo welcomed the sentence imposed.
“We are pleased by the collaboration by the prosecutor and the investigating officer in ensuring that this case was watertight.
“The protection of women and children is something the criminal justice system will never compromise,” Sekhaolelo said.
IOL