Justice served for Kamogelo Sithole (10)

It has been nine long months since 10-year-old Kamogelo Sithole was brutally murdered by her mother’s ex-lover. Her family finally received justice on Wednesday, 14 September 2022, after months of anxious waiting.

The Klerksdorp Regional Court found Joseph Phage (39) guilty of murder after he submitted a plea statement in court. He was sentenced to life imprisonment for murder, 15 years for attempted murder and five years for kidnapping. The sentences will run concurrently, and Phage was declared unfit to possess a firearm. The application for leave to appeal the sentence was also refused.

According to NPA regional spokesperson Henry Mamothame, Phage was charged with attempted murder, assault with intent to do grievous bodily harm, kidnapping and murder. “However, he pleaded not guilty to the charge of assault with intent to do grievous bodily harm,” Mamothame said.

Adv. Benny Kalakgosi, on behalf of the state, accepted his plea following additional admissions the court inquired about. The court was reluctant to accept his plea without him fully declaring the reasons for his ac- actions. He willingly amended his plea statement after consultation with his legal representative.

Police reports reveal that Phage visited Betty Sithole’s home on 9 June 2020 and found her braiding their baby’s hair. She told Phage to take the child home as she was staying with him and his grandmother. At that time, the two were no longer living together due to challenges in their relationship. Phage cried instead of taking the child, begging Betty to forgive him and continue their relationship.

After Betty rejected Phage’s proposition, he stabbed her with a knife while carrying their child. When Betty’s sister tried to intervene, he also stabbed her and hit her on the shoulder with a hammer. As Betty fled, he chased her and stabbed her multiple times in her waist and below her armpit before fleeing from the scene. He was arrested on 9 August 2021.
With a court date set for 4 November 2021 for the attacks on Betty and her sister on the said date, Phage escaped from the court precinct after attempting to persuade Betty to drop the charges against him.

NPA regional spokesperson Henry Mamothame previously confirmed that police reports revealed that Phage was arrested on Monday, 8 November 2021, following the discovery of Sithole’s body in his shack in Sonderwater informal settlement in Ikageng.
Phage allegedly kidnapped his ex-girlfriend’s daughter at a primary school in Ikageng and took her to an unknown location. Following the child’s disappearance, the mother reported a kidnapping case at a local police station. Phage was arrested at Zakhele informal settlement on Sunday, 7 November 2021. Upon his arrest, he failed to disclose the whereabouts of the child.

On Monday, 8 November 2021, the police proceeded to his home, where they discovered Kamogelo’s body hidden under the bed.
Post-mortem results revealed that the child had died of ligature strangulation. In his plea, he admitted to strangling the child with a cable until she died.

To further aggravate the sentence, Adv. Kalakgosi asked the court to consider Phage’s previous convictions, including attempted rape, robbery with aggravating circumstances and housebreaking. He also suggested the courts should deal harshly with perpetrators of gender-based violence, femicide, and violence against women and children.
Despite the plea, Judge Pietersen agreed with the state, emphasising that the court must still examine all evidence to determine an appropriate sentence, regardless of the extent of the offence. In addition, the court acknowledged the family’s emotional trauma following the loss of their loved one. He said the courts must impose appropriate sentences to enforce the law.
The director of public prosecutions in North West, Dr Rachel Makhari Sekhaolelo, acknowledged the conviction. “We are pleased with the collaboration between 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,” she concluded.