Johan Kotze

Case record: Johan Kotze

Status

Johan Kotze was sentenced to life in prison on July 16, 2013.

People

• Johan Kotze — convicted murderer; co-accused in the case.
• Ina Bonnette — ex-wife of Johan Kotze; victim of rape and assault.
• Conrad Bonnette (19) — son of Ina Bonnette; victim of murder.
• Andries Sithole — co-accused.
• Pieta Mohlake — co-accused.
• Sello Mphaka — co-accused.
• Rex Bonnette — Ina Bonnette’s ex-husband; father of Conrad Bonnette.
• Judge Bert Bam — judge who found convictions and delivered sentence.
• Acting Judge Bert Bam — acting judge who found guilty on Monday and delivered judgment.
• Prosecutor Retha Meintjes — prosecutor who argued positions on accountability and attempted murder.
• Prosecutor Retha Meintjes — prosecutor who indicated intent to reopen the case to present evidence about Kotze’s criminal accountability.
• National Prosecuting Authority spokesman Medupi Simasiku — welcomed the judgment.
• Defence psychologist Cobus Coetzee — expected by the State to testify about criminal responsibility.
• Clinical psychologist Cobus Coetzee — expected witness regarding criminal responsibility.
• Clinical psychologist Tertia Spangenberg — defence clinical psychologist; testified Kotze was not accountable for his actions and described specific disorders.
• Clinical psychologist Dirk Coetzee — assessed Kotze at Weskoppies psychiatric hospital and found he could be held criminally responsible.
• Francois van As — advocate for Mohlane and Mphaka.
• Jan van Rooyen — Sithole’s advocate.
• Piet Greyling — for Kotze.
• Hingwani Mulaudzi — Brigadier; commented on Kotze’s arrest.
• Judge Bert Bam — spoke on the State’s application to reopen its case and later delivered sentence.
• Lulu Xingwana — Minister of Women, Children and People with Disablities who arrived to watch sentencing.
• Glynnis Breytenbach — high-profile prosecutor who arrived to watch sentencing.
• Angelique — Ina Bonnette’s daughter; gave evidence and spoke to a social worker.
• Her parents Piet and Fiena Swanepoel — supported Ina Bonnette in court.

Timeline

• January 3, 2012 — Johan Kotze was accused of murdering Conrad Bonnette in Kotze’s home in Modimolle and torturing and mutilating Ina Bonnette; Kotze’s co-accused were accused of kidnapping, assaulting, repeatedly raping, and attempting to murder Ina Bonnette.
• January 3, 2012 (trial testimony context) — Rex Bonnette testified he was told by his sister around 6pm that “Kotze shot a child”.
• January 10, 2012 (trial timeline context implied by “a week ago”) — Kotze had been on the run since the assault and murder in Modimolle.
• January 11, 2012 — Johan Kotze was arrested in Modimolle at about 11.45am.
• April 24, 2013 — Kotze’s trial was postponed in the High Court in Pretoria; clinical psychologist Tertia Spangenberg testified during cross-examination.
• April 29, 2013 — A co-accused testified to “faked having sex” with Ina Bonnette during the attack.
• April 30, 2013 — A High Court in Pretoria heard evidence of an agreement between Kotze and Ina Bonnette that she would have sex with three men; Judge Bert Bam ruled on the State’s application to reopen its case.
• June 26, 2013 — A co-accused testified that Kotze and Andries Sithole planned the “surprise” gang rape.
• July 3, 2013 — Defence psychologist testimony included mental health findings; State was expected to present new psychological evidence (Cobus Coetzee expected to testify).
• July 10, 2013 — Rex Bonnette testified in the trial.
• July 15, 2013 — Acting Judge Bert Bam found Kotze and Andries Sithole guilty of killing Conrad Bonnette and found the other two co-accused acquitted on the murder charge; convictions continued for kidnapping, rape-related charges, and assault with intent to do grievous bodily harm.
• July 16, 2013 — Johan Kotze was sentenced to life in prison; the case resulted in life sentences and other term sentences for the co-accused.
• July 17, 2013 — The sentencing coverage included statements about “Modimolle Monster” Johan Kotze and the court proceedings.

Background

Johan Kotze was accused of orchestrating a revenge attack on Ina Bonnette and her son. At the time of the attack, Ina Bonnette had been married to Kotze but lived in her own flat. Kotze hired the three men to do work at his house in Modimolle.

The offence

Murder of Conrad Bonnette

Conrad Bonnette (19) was killed after being shot at the scene. The court heard that he died at the scene after being shot in the face, chest, and knee.

Rape and assault of Ina Bonnette

Ina Bonnette was attacked in Kotze’s Modimolle home. She was said to have been tied to a bed with tape over her mouth and subjected to sexual torture and mutilation, including mutilated breasts. The court heard that the three men looked on while Kotze sexually tortured her and mutilated her breasts, then took turns raping her.

Defence evidence included claims from co-accused that they pretended to rape Bonnette because they could not get erections. It was also claimed that the co-accused were threatened with a firearm if they did not co-operate and that they complied under duress.

Kidnapping

All four convicted men were convicted of kidnapping.

Investigation

Police described Johan Kotze as “elusive” and stated he evaded capture. Police recovered Kotze’s Toyota Fortuner in Modimolle on Tuesday night prior to his arrest, and his arrest was described as imminent.

Arrest

Johan Kotze was arrested in Modimolle at about 11.45am. He had been on the run since last week following the assault and murder in Modimolle a week prior. Police also arrested a 42-year-old man allegedly forced to participate in the attack in Makapanstad near Hammanskraal, north of Pretoria, earlier on Wednesday.

Brigadier Hangwani Mulaudzi said:

“The elusive Johan Kotze, who evaded police capture has finally been arrested,” said Brigadier Hangwani Mulaudzi.
“He was arrested this morning in Modimolle at about 11.45am. He has been on the run since last week... The suspect will appear before the Modimolle Magistrate's Court soon.”

Trial

Pleas

Johan Kotze, Andries Sithole, Pieta Mohlake, and Sello Mphaka pleaded not guilty to kidnapping, assaulting, raping, and attempting to murder Ina Bonnette, and murdering her 19-year-old son Conrad in Kotze’s home in Modimolle on January 3, 2012.

State case and evidence on accountability

The State expected to present new psychological evidence about Kotze’s mental state and criminal responsibility.

Clinical psychologist Cobus Coetzee was expected to testify about findings that Kotze could be held criminally responsible for allegedly attacking Ina Bonnette and killing Conrad.

The State also contended there were insufficient grounds for clinical psychologist Tertia Spangenberg’s findings that Kotze could not be held accountable due to non-pathological criminal incapacity.

Defence evidence and mental health testimony

Kotze claimed he could not be held accountable for his actions. The defence presented clinical psychologist Tertia Spangenberg, who testified Kotze was not accountable and described:

• a narcissistic personality disorder,
• major depression,
• untreated and unresolved acute stress disorder,
• and resulting psychological dissociation during the attack.

The defence psychologist evidence also included that Kotze had a narcissistic personality disorder and suffered from an acute stress disorder and major depression, which resulted in dissociation during the incident.

The State presented a psychologist who testified that Kotze did not suffer from any mental disorders and could be held accountable for his actions.

Clinical psychologist Dirk Coetzee assessed Kotze at Weskoppies psychiatric hospital in Pretoria. Coetzee’s report read:

“At the time of the commission of the offence the accused was criminally responsible for the offence charged, and was capable of appreciating the wrongfulness of his act and could act in accordance with an appreciation of the wrongfulness of his act,” Coetzee's report read.

Coetzee said:

“At the time of the incident he did not suffer from any clinical psychiatric disorder.”

Dirk Coetzee described Kotze as co-operative and attentive during interviews, and noted traits of a compulsive personality and some depressive symptoms.

During testimony, clinical psychologist Tertia Spangenberg said:

“No that is not what I meant. He still is one”.

She also said:

“This is not true,” she said, adding there were numerous issues in the report she agreed and disagreed with.

Spangenberg explained Kotze could not recall parts of that day and became emotional when she evaluated him, stating:

“I have my reservations about things which could possibly have been left out.”

Testimony about planning and attack details

One co-accused testified that Kotze and Andries Sithole planned the “surprise” gang rape, and described instructions including that the woman would act as if she did not know what was happening and would be tied up and gagged. The co-accused testified:

• Kotze called the three men inside and told them their job was to have sex with Kotze’s wife.
• The “surprise” was described as sex with three black men.
• Pantyhose were to be put over their heads so the victim would not see their faces.
• They were threatened with a firearm when they refused to co-operate.
• Kotze hid behind the door while a woman screamed.
• The co-accused described seeing a naked Bonnette tied to the bed with Sithole taping her mouth shut.
• The co-accused described Kotze standing next to them, and Sithole sleeping with the woman.
• The co-accused said they could not get an erection and pretended to pull down their zip and lay on top of her.
• Kotze told them to go and wait in the kitchen for someone to arrive.
• The co-accused testified that Andries asked who Kotze was waiting for and was told it was Mrs Bonnette’s child and that Kotze wanted to hit the child.

Another co-accused testified about an agreement between Kotze and Ina Bonnette that she would have sex with three men. Andries Sithole testified as he translated Kotze’s orders during the attack. Francois van As stated that the men were told Kotze and Bonnette agreed she would sleep with three black men and he would arrange it for her.

In court, Andries Sithole said:

“I moved up and down as if I was penetrating her but it did not happen,”

Sithole also testified to Kotze’s alleged statement:

“My wife does not get enough from me and I want you three to sleep with her,”

and later alleged words:

“A kaffir does what I want him to do,”

and alleged warning statements:

“He threatened us with a gun,”

Sithole described instructions:

“He told us to put pantyhose over our heads so that she would not see our faces.”

Sithole described being told:

“Bokkie be quiet. These men won't kill you. They are good people”,

and described Kotze’s instruction:

“Bokkie don't be angry, these men won't kill you.”

Sithole testified Kotze said:

“I don't want to hear from a kaffir. They will do what I say or they won't leave this house alive”.

Sithole also responded to a statement by saying:

“I can't understand why it would only be aimed at them... I am also a kaffir,” Sithole said.

Sithole testified about the forced situation and alternative versions:

“What happened there was we held Mrs Bonnette down and it was [Kotze] who tied her up.”

Sithole said Bonnette was fighting against Kotze and that he slapped her, stating:

“He told her: 'Bokkie be quiet. They won't kill you. They are good people'.”

Sithole testified about faking sex:

“I couldn't get an erection and Kotze told him to hold his penis.”

He testified he faked having sex, saying:

“He told me to climb off. I'm hopeless.”

Attempted murder arguments relating to HIV status

Prosecutor Retha Meintjes argued that all accused were guilty of attempting to murder Ina Bonnette because of Sithole’s HIV status.

Jan van Rooyen, advocate for Sithole, and Francois van As, for Mohlane and Mphaka, argued their clients were not aware of Sithole’s or their own HIV status and could not be convicted of attempted murder.

Van As argued his clients had “played Russian roulette” because they did not know each other’s or the victim’s HIV status.

Judge Bam remarked:

“Bam remarked that he had not heard of a rapist who first asked his victim if she had Aids.”

Van As said Kotze threatened to kill the clients and that the absence of DNA evidence and absence of physical injuries supported the clients’ version. Van As said:

“Their intention was not to go there and rape her. They were there against their will. There is ample evidence to support their version that they were threatened,” Van As said.

Van As also said:

“The absence of DNA evidence supported his clients' version that they had not raped Bonnette.”

Van As said:

“The absence of any physical injuries to Bonnette also supported this.”

Sentencing mitigation and argument disputes

A defence psychologist testified on July 3 that Kotze had a narcissistic personality disorder and suffered from an acute stress disorder and major depression, resulting in dissociation during the incident.

The State presented a psychologist who testified Kotze did not suffer from any mental disorders and could be held accountable.

Piet Greyling, for Kotze, said the court should accept Kotze’s version that the other three acted on their own and that Kotze had not threatened them with a firearm. Greyling said:

“He was angry with her. It was coincidence that they became co-perpetrators,” Greyling said.

Francois van As argued about what the absence of DNA evidence and absence of injuries indicated:

“There is ample evidence to support their version that they were threatened,” Van As said.

Sentencing

Convictions with sentencing outcomes (as read out)

Judge Bert Bam found Kotze and Andries Sithole guilty on Monday of killing Conrad. The other co-accused, Pieta Mohlake and Sello Mphaka, were acquitted on the murder charge.

All four were convicted of kidnapping.

All four were also convicted of four charges relating to the rape of Ina Bonnette. Mohlake and Mphaka received 10 years for kidnapping. Kotze, Sithole, Mohlake, and Mphaka were given a life sentence on the rape charges.

On charges relating to assault with intent to do grievous bodily harm:

• Kotze received 15 years,
• the other three received eight years each.

Bonnette was in court and cried as the sentence was read out, supported by family and friends. A family member of one of Kotze’s co-accused started wailing.

Sentencing proceeded with Kotze and co-accused receiving these terms, and Kotze received a life sentence on the rape charges and life in prison overall as the legal outcome.

Sentencing-related statements and courtroom observations

A prosecution spokesman stated they were happy with the judgment and hoped it brought closure. Medupi Simasiku said:

“Yes, we are happy and we hope it brings closure to the family.”

Prosecutor Medupi Simasiku hoped the judgment would serve as a lesson that these crimes did not go unpunished.

Appeals

No appeal information appeared.

Outcome

Johan Kotze was sentenced to life in prison. Kotze and Andries Sithole were convicted of killing Conrad, while Pieta Mohlake and Sello Mphaka were acquitted on the murder charge. All four men were convicted of kidnapping and of rape charges relating to Ina Bonnette.

Aftermath

The family and friends of Ina Bonnette supported her in court. Bonnette’s daughter Angelique presented evidence and said she believed “Kotze ruined our lives”.

Angelique told a social worker:

“Everything changed after the incident. “At first everything was in a mess. Nothing was nice any more. “It felt as if everyone’s lives were ruined and there was no reason to continue. “On family days everyone sat with their eyes filled with tears and with broken hearts. It is still so. Kotze ruined our lives and took someone away whom we loved dearly. During festive occasions when everyone should be happy, we are sad and we wish the festive season would end because there is someone short. “Conversations with my family become quiet when the heartache and missing become too much. “My father (Rex Bonnette) and I do not talk about my brother. “He avoids the subject. “He thinks it is all my mother's fault and this negatively influences our relationship. “I no longer do so well at school. “I keep myself busy with music and writing poems. I do not want to get married and have children.”

The impact described for Ina Bonnette included fear of contracting HIV and reconstructive surgery. It was reported that Ina Bonnette had to undergo reconstructive surgery and was put on antiretroviral treatment after it emerged that Sithole had tested positive for HIV following his arrest.

The social worker reported that Bonnette and her daughter received 13 sessions of counselling and would need long-term therapy.

The social worker said attending the trial was especially difficult for Bonnette and stated:

“I feel I have to prove my innocence throughout the trial. “Why does he not just admit all? “I feel I want to correct wrong perceptions the whole time, because it is ruining my life.”

Kotze made statements about sensation. Johan Kotze said:

“I just want to say I never wanted sensation,”

and earlier said:

“I never wanted sensation,”

The sentencing audience included supporters wearing purple clothing, purple silk flower brooches, and purple shirts, scarves and ties.

Bonnette declined to speak further after the judgment and kept a brave face as she faced cameras.

Other details

Alleged exchange about immediate reaction during testimony

Rex Bonnette testified about his sister’s call and stated:

“Kotze shot a child.”

Rex Bonnette testified about what he later heard from Ina Bonnette:

“I was later phoned by Ina who said there was an incident and Conrad didn't make it,” Rex Bonnette told the court.

Rex Bonnette testified that Ina told him Kotze held three men at gunpoint and forced them to rape her, stating:

“If they didn't rape her he would shoot them,” he told the court.

Court comments on witness credibility

Acting Judge Bert Bam said:

“It wouldn't have been strange if she was at times unsure of events,”

and said about the witness:

“She is just a human being. Any person makes mistakes,”

and described the sound of truth:

“There was a sound of truth [to her testimony].”

Bam also addressed the witness’s described pleading with her eyes:

“It is unlikely that any witness would think of something like that,” said Bam.

Comments and statements about Kotze in court

A friend told Ina Bonnette:

“You are allowed to cry Ina Bonnette. You are allowed to cry.”

Bonnette said:

“I am okay”

Kotze denied guilt and claimed he could not be held accountable for his actions on January 3, 2012, the day he murdered Bonnette's son and tortured her in his Modimolle home.

Kotze hugged family and friends in the public gallery before being led down to holding cells, appearing tired and sombre.

Named individuals attending

Minister of Women, Children and People with Disablities Lulu Xingwana arrived to watch the sentencing. High-profile prosecutor Glynnis Breytenbach also arrived. Bonnette’s first husband Rex Bonnette arrived, described as the father of Conrad Bonnette.