Belinda Legobye went to the Krugersdorp Magistrates’ Court for a protection order against her ex-boyfriend in October 2018. A month later she was found brutally killed by the same man.
On 30 September, almost a year later, Acting Judge David Mhango sentenced 43-year-old Ellias Modiselle in the South Gauteng High Court for her murder. He had been in custody since November last year.
Modiselle received a life sentence and a further four years for contravening the Domestic Violence Act 116 of 1998.
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Modiselle did not testify in mitigation of his sentence, but Advocate Deborah Zinn argued for the harshest possible sentence. She referred to the growing pandemic of gender-based violence and femicide in the country, and explained that the accused needed to be removed from society.
She argued that, “There is no space in society for people who disregard the law and have no respect for the right to life”.
In October 2018, Legobye successfully applied for the interim protection order, after Modiselle had abused her and threatened to kill her.
He claimed that she was having an affair with another man.
However, on 12 November 2018, he ignored the protection order and went to Legobye’s house, armed with a knife.
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https://www.citizen.co.za/krugersdorp-news/367587/man-stabbed-to-death-after-trying-to-flee-from-his-attackers/
Her brother, Tebogo Legobye, told the court when he testified in aggravation of sentence about his last conversation with his sister. She phoned to ask him to call the police because Modiselle was at her house and threatened to kill her.
After the conversation with her brother, Modiselle brutally stabbed Legobye in the back 24 times. A neighbour heard her screams and came running. She saw Modiselle removing the knife from Legobye’s neck. The neighbour ran to get help.
Legobye’s brother told the court how her children have been suffering financially and emotionally because of losing their mother. He added that their father had died because of heart complications shortly after Legobye’s death.
Acting Judge Mhango condemned Modiselle’s actions, pointing out how his version of Legobye maybe having an affair did not give him the right to kill her. He also mentioned the protection order that Modiselle ignored.
After sentencing, the Defence brought an application for leave to appeal, but when the State opposed it, the court dismissed the appeal.
