Phoenix murder trials still to start
Three separate murder cases involving alleged racial killings have reached the high court
The first murder accused arrested over the killings in Phoenix during the riots and looting in Kwazulu-natal last July will go on trial in the high court in Durban in November.
Thirty-six residents of Kwamashu, Amaoti and other historically black townships adjacent to Phoenix were allegedly killed by people who had set up illegal roadblocks and racially profiled those passing through the Indian township.
Cars were burned and their drivers robbed, assaulted and in some cases killed during the week of violence and looting that increased racial polarisation in the area north of Durban.
A total of 56 people were arrested for murder, robbery, illegal possession of weapons and other charges. Eight murder cases have thus far reached the Kwazulu-natal director of public prosecutions, Elaine
Zungu, for decisions on whether to prosecute.
The National Prosecuting Authority declined to prosecute two cases because of insufficient evidence while in a third, the matter was withdrawn because the only witness had disappeared.
On 20 December, Christopher Pilay, 51, Yobandra Govender, 46, Rinesh Mohan, 30, Mehmood Khan, 50, and Mckallen Govender, 20, are to go on trial on charges of murder, attempted murder, robbery with aggravating circumstances and public violence over the killing of Dumisani Mchunu and the attempted murder of Sipho Mabaso.
Mchunu and Mabaso were allegedly attacked by the group at a garage in Northern Drive in Phoenix, where they had gone to buy bread and cigarettes. Mchunu was beaten to death and his car burned, while Mabaso was badly assaulted and robbed of his cellphone and R500.
Brothers Dylan and Ned Govender will go on trial on 23 February next
year for the murder of Mondli Majola, 19, who was shot from behind in Phoenix. Their co-accused, Jeetendra Jaikissoon, died in custody at the Westville Prison last October.
The pre-trial hearing of six men charged with murder, attempted murder and robbery for attacks on passers-by outside Tees Tavern in Grove End Road in Phoenix has been set down for 25 July.
Ravine Naidoo, Trevor Gopal, Shaneen Gopal, Julian Maharaj, Tyreece Govender and Timothy Govender allegedly murdered Njabulo Dlamini and tried to kill Sanele Sambo and Nkosikhona Madlala. The group, led by Trevor Gopal, also allegedly tried to kill Mthobisi Ntuli, Linda Khawula and Sanele Merase, set fire to the Toyota
Quantum in which they were travelling and robbed them. Gopal allegedly incited a crowd of about 20 people, including security guards, to attack black people passing the tavern, which he owned, on 12 July last year.
Zungu said the two other murder cases were at the regional court and would be moved to the high court for trial.
It is not clear yet what has been the outcome of the investigation into security companies alleged to have illegally provided weapons and ammunition to Phoenix residents.
At hearings on the killings by the South African Human Rights Commission last year, witnesses gave harrowing evidence about being racially profiled, assaulted and robbed while trying to pass through
Phoenix to reach their homes or while trying to buy shop in the area.
Zungu said looting cases were being dealt with at the magistrate’s court. Several had been completed, while others were still ongoing.
In March, Mvelo Majola was jailed for six years for stealing one of the nine trucks looted from Pharmed Pharmaceuticals in the Nandi Driver area, one of the commercial and industrial centres devastated in the unrest. He was arrested driving the truck several days later when its tracking device was activated.
In June, Nhlanhla Samkelo Mthembu, 31, was jailed for five years for stealing a truck from a Mobeni factory during the looting spree. He caught with the truck at esikhawini, near Richards Bay, several days later.