The Johannesburg High Court was almost full when Eden Park’s Joanne Swartbooi received her sentencing for the murder of the father of her three children on August 18.
The 38-year-old faced charges of murder and defeating the ends of justice after killing the father, Timothy Jacobs, of her minor children with a cricket bat and burning his body in October 2021.
On a previous occasion, Swartbooi testified before the court and apologised to the deceased’s family, the community and her children for her actions.
She said she had a toxic relationship with Jacobs and that he was abusive to her from the first year of their relationship. They were reportedly together for 12 years.
After being in custody for almost two years, she was convicted on both charges.
Judgement handed down
During her sentencing, Judge Moleboheng Mdalana-Mayisela said she had considered all the relevant factors in sentencing without overemphasising one above the others.
“I have also considered the period the accused has already served in prison awaiting trial. In my view, a lengthy sentence of imprisonment will not serve justice in this case. Her children, the main victims in this case, are not coping with losing their father and the imprisonment of their mother,” she explained.
Mdalana-Mayisela said they [children] needed a strong and nurturing relationship with their mother.
“She needs to be integrated into the community to support the children throughout their remaining stages. She also needs to relieve the children’s grandparents from the difficulties they are experiencing in raising the children,” she said.
After considering all factors, she said: “For count one, the accused is sentenced to nine years direct imprisonment. For count two, the accused is sentenced to three years of direct imprisonment. The two years of the sentence imposed on count two will run concurrently with the sentence imposed on count one, and the effective sentence is 10 years direct imprisonment.”
She declared Swartbooi unfit to possess a firearm.
Mixed reactions
The deceased’s family did not welcome her sentencing, saying, “She nearly got away with the murder of Timothy Jacobs”.
The deceased’s mother, Louwelda Jacobs, said she was unhappy with the sentence and that her family was displeased.
“And from her claim of being abused, why did she move back in with him if that was the case? It also wasn’t ‘the heat of the moment’ because she slept with that body the whole day, from the 31st until November 1 and burnt it that evening. If it was the heat of the moment, then she was supposed to inform me of what had happened rather than to burn his body,” she said.
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