Man jailed for life for killing brother, stabbing another

A Rehoboth man previously convicted of culpable homicide and attempted murder has been sentenced to life imprisonment after killing his brother Frederik van Wyk (51) and seriously wounding another sibling nearly five years ago.

High Court judge Dinnah Usiku imposed the life sentence in Windhoek on Friday after convicting Riaan Andrew van Wyk of one count of murder and one count of attempted murder, both read with the provisions of the Combating of Domestic Violence Act.

Usiku found that Van Wyk's criminal history was a significant aggravating factor, noting that he had previously served a seven-year prison sentence for culpable homicide and attempted murder – offences which also involved close relatives.

"It appears apparent that the accused has no regard for other human beings," prosecutor Jacky Hamunyela argued during sentencing.

The judge agreed. "In my view, the accused herein also appears not to have been deterred by his previous sentences," Usiku said.

The judgment described Van Wyk as "a real danger to society".

The offences occurred on 13 November 2021 at a house in Rehoboth where Van Wyk, his two brothers and several other people had gathered.

Evidence presented in court stated that Van Wyk, armed with a knife, stabbed Frederik in the chest, killing him at the scene. When Frederik’s brother Stephanus questioned why he had attacked their brother, Van Wyk turned on him and stabbed him under the arm.

Stephanus survived after receiving medical treatment.

Usiku found that the murder was unprovoked and that the attempted murder was committed simply because the surviving brother questioned the attack.

A family's life destroyed

In sentencing Van Wyk, the court also heard from Frederik van Wyk’s partner, who testified that they had lived together for 12 years and had four children between the ages of eight and 15.

She said Frederik had been the family's sole breadwinner and emotional support. Since his death, the family has struggled financially, with one child leaving school because of their circumstances. She told the court they now largely survive on a disability grant, as one of the children lives with a severe disability and requires constant care.

Despite the hardship, she appealed to the court not to impose an excessively harsh sentence on Van Wyk.

In her judgment, Usiku described domestic violence as having reached "a crisis point" in Namibia and said courts had a responsibility to impose sentences that reflect society's condemnation of such offences.

Referring to the killing of Van Wyk's brother, she likened the case to "the biblical version where Cain killed Abel, his own brother".

"The offspring of the deceased deserve justice and that justice will be to have him removed from society for a considerable period because he is clearly a danger to society," she said.

Besides sentencing Van Wyk to life imprisonment, with both convictions taken together for purposes of sentence, Usiku ordered that a copy of the judgment be served on the gender ministry.

The ministry was directed to investigate the circumstances of the deceased's four children and determine what assistance they require.

Van Wyk, who represented himself during the proceedings, was informed of his right to appeal the sentence within 14 days.