A Keetmanshoop resident found guilty of murder after he killed his mother’s domestic partner with a knife has been sentenced to an effective jail term of nine years at the end of his trial.
During the sentencing of Kevin Cloete (34) in the Windhoek High Court on Thursday, judge Philanda Christiaan noted that there was a history of tension between Cloete and his mother’s partner, Deon Bobeje, who was said to have been abusive towards Cloete’s mother during the existence of their relationship.
The circumstances in which Bobeje (50) was killed when he was stabbed once in the chest at Keetmanshoop on 27 February 2021 constitute a mitigating factor, Christiaan said.
Cloete was convicted on a charge of murder, read with the provisions of the Combating of Domestic Violence Act and committed without a direct intention to kill, on 1 July, after Christiaan rejected his claim that he had acted in self-defence when he stabbed Bobeje with a knife.
The stabbing took place during a social gathering involving the consumption of alcohol and after a verbal argument during which Bobeje and Cloete had sworn at each other, Christiaan noted.
“The right to life shall be respected and protected according to the Constitution,” Christiaan said during the sentencing.
“The crime of murder remains one of the most serious in our law. Unfortunately, the crime of murder, committed in a domestic context, is alarmingly prevalent and [this] is thus an aggravating factor.”
The court was informed that Bobeje made a living working as a bricklayer and tiler.
Cloete was self-employed as a welder, plumber and bricklayer.
On Cloete’s lack of a criminal record, Christiaan remarked: “This clean record is significant and suggests a general disposition of law-abiding behaviour and a low risk of reoffending. It further strengthens the argument that [Cloete] retains good prospects for rehabilitation.”
The judge sentenced Cloete to 15 years’ imprisonment, of which six years are suspended for a period of five years on condition that he is not convicted of murder or attempted murder committed during the period of suspension.
State advocate Ian Malumani prosecuted.
Cloete was represented by defence lawyer Hendri van Zyl.
