Wow! This is truly a sad story. Sometimes, one needs to question the law of a land. A man, Khazamula Emmanuel Baloyi from South Africa killed his wife in cold blood by stabbing her multiple times and asking his daughter, their 5 year old little girl to clean the her blood on the floor, yet her gets a 25year sentence?
Baloyi had been diagnosed with AIDS some days earlier, so he went home and accused his wife of infecting him with the disease, he also accused her of infidelity.
Post-mortem results show that she was in fact HIV-negative. She was only 29 when she died.
According to court documents of the Gauteng High Court, the messy background story
Mr. Baloyi and the deceased (his wife) met each other during January 2010 and subsequently got married on 28 November 2015. At that stage, both were employed. Mr. Baloyi was employed by ABSA Bank and the deceased was a qualified nursing sister at Steve Biko Hospital.The deceased got pregnant and the family started the lobola negotiations — payment of bride price — during September 2011. On December 8, 2012, a ceremony to celebrate the completion of lobola negotiations and payment was held in Limpopo. They lived together since 2011 and decided to have their white wedding on November 28, 2015.They were married for approximately 15 (fifteen) months before Mr. Baloyi murdered his wife in January 2017.
Mr. Baloyi has two daughters called Amukelani Baloyi, born on October 24, 2011, and Nkateko Maphuti Baloyi born in June 2014 and that both have been in the care of their maternal grandmother since January 7, 2017.Mr. Baloyi told a social worker, Mrs. J.C. Wolmarans, who compiled a Psycho Social Pre-Sentence Report and also testified in court that the relationship has been under strain since they moved in together.The witness then listed certain events to substantiate such strain in the marriageMrs. Wolmarans states that during 2012, Mr. Baloyi was employed by ABSA Bank. The conflict in their relationship affected his concentration and he was referred to counseling by his supervisor. Notwithstanding this setback, the families with the couple had a ceremony of welcoming in Limpopo.During 2013, Mr. Baloyi struggled at his workplace, as he struggled to concentrate.
He resigned at the end of October 2013, as he feared that he might be dismissed.During 2014, the family experienced a few setbacks; a broken down vehicle, housebreaking and the deceased (Mrs. Baloyi) had surgery. Mr. Baloyi described this period as the best time of his marriage.During 2015, they got married and it was also a happy time until two weeks after the marriage when the deceased and both children went to her family.During 2016, the deceased entered a three-year course and attended class at night. This apparently led to the relationship deteriorating and subsequently to Mr. Baloyi filing for a divorce. Then, Mr. Baloyi was requested by both families not to proceed with the divorce.
The deceased, Mrs. Baloyi allegedly confesses to having a boyfriend
During 2017, the arguments persisted and Mr. Baloyi claims that the deceased confessed having a boyfriend during Christmas 2016 when she spent time at her parental home.
A week before Mr. Baloyi murdered the deceased, he went for a blood test to determine his HIV status. He did that because he suffered from swellings in his face and on his head, which relates to HIV symptoms. He received the results a day before the incident, which confirmed that he was HIV-positive.Mr. Baloyi claims that he never had any relationships outside his marriage and was furious about the results of the HIV test. Mr. Baloyi also told Mrs. Wolmarans that on the day of the incident, the doctor informed him that he has Aids and that it is a death sentence.
The deceased tested negative for HIV
The deceased tested herself and the test was negative. It is the contention of Mr. Baloyi that the tests were never released, but there is evidence before this court that the deceased in fact did a home test for HIV and the result was negative.This clearly lays waste to the evidence of Mr. Baloyi that the deceased gave him the disease. The court also accepted a Pathology Report in terms of an HIV Elisa test done on the deceased, dated 2 July 2016, which clearly indicate that her status was non-reactive and therefore negative.So much for the argument that the deceased gave him the dreaded disease. The court will come back to this.The report by Mrs. Wolmarans makes further mention of the fact that Mr. Baloyi slit his throat after he continuously stabbed the deceased
The aggravating factors listed by Mrs. Wolmarans
The victim was 29 (twenty-nine) years when she was killed. She died a violent death, being stabbed 45 (forty-five) times by Mr. Baloyi.What she left out was that some of these stab wounds were even from behind into her back. This clearly is totally inconsistent with the version of Mr. Baloyi that he was merely defending himself from an attack by the deceased.The two young daughters have to be brought up without the love and care of their parents. Also with the knowledge that their father murdered their mother.The mother passed away and the father is incarcerated.
It, however, goes beyond this. After Mr. Baloyi was diagnosed with HIV and told by the doctor that it is a death sentence and after the deceased told him that she was HIV negative, he killed her, denying their daughters the love and affection of their mother.It was testified by Mrs. Wolmarans that the following factors must be considered mitigating factors. He has been in custody since his conviction on 25 May 2018.Mr. Baloyi also accepted responsibility for his actions. Despite his gruesome murder of his wife, he only got 25 years in prison.
Culled from the Judgment delivered by the Gauteng High Court in the matter, State v Baloyi (CC168/17)  ZAGPPHC 19.
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