BROTHERS NOT GUILTY OF UNREST KILLING
THE family of Mondli Majola, who was killed during the July 2021 riots, have rejected the Durban High Court’s verdict that brothers Dylan and Ned Govender, of Phoenix, are not guilty of his murder.
Majola, 19, from Zwelisha Township near Phoenix, was allegedly stabbed several times, and shot.
He was walking along Desertpalm Gardens in Palmview, Phoenix, reportedly to Cornubia, during the July 2021 unrest period. He died at the scene.
In June 2021, the Constitutional Court sentenced former President Jacob Zuma to 15 months’ imprisonment for contempt of court.
This decision is believed to have sparked the mass unrest, particularly looting of businesses and burning of freight trucks, in parts of KwaZulu-Natal and Gauteng. More than 300 people died nationally.
Dylan, 29, a graphic designer, and Ned, 30, a mechanical engineer, were charged with Majola’s murder. They were also charged with three counts of attempted murder related to attacks on Mxolisi Putuzo, Nkululeko Mangwe and Qaphelani Mkhovu, who were all walking with Majola.
The brothers pleaded not guilty to the charges.
Jeetendra Jaikissoon, 39, was a third accused in the matter. He died while in custody at the Westville Prison in October 2021.
The brothers’ trial began in February. They were represented by criminal defence attorney Carl van der Merwe. The State prosecutor was Bonginkosi Nelson Mbokazi.
During the trial, the attempted murder charge relating to Mkhovu was withdrawn, because he died last year from natural causes. The State had only his statement as evidence.
On Friday, Judge Gregory Kruger handed down the judgment, finding there was insufficient evidence to sustain the charge of murder against the brothers, but found them guilty of assault with the intention of causing grievous bodily harm.
He also found insufficient evidence to convict them of the attempted murder of Mangwe, but found them guilty of common assault. The brothers were, however, convicted for the attempted murder of Putuzo.
Judge Kruger said the State failed to prove beyond a reasonable doubt that the brothers were guilty of murder, but the State was able to prove that the brothers assaulted Majola through video footage obtained from the crime scene.
The footage showed Dylan hitting Majola with the butt of his gun and Ned hitting him with a plastic nylon pick handle.
Judge Kruger said there was no evidence that showed Majola, Mangwe, Putuzo and Mkhovu had interfered with residents in Phoenix, and they were unarmed during the assaults.
He said that during the brothers’ bail application, at the Verulam Magistrate’s Court, the accused described a virtual warzone, saying that a group of 30 people wanted to create mayhem, but that the video footage showed barely 10 people – including the brothers and their accomplices.
Judge Kruger said these were clearly lies. He said during the trial, the brothers blamed their previous legal representatives for not following their instructions about what had happened.
The video footage also showed a man in a yellow T-shirt travelling in a creamcoloured vehicle firing a shot at Majola.
Judge Kruger commented that the police investigations were shoddy and poor for not locating him, even though his vehicle carried a Gauteng registration plate. He said the investigating officer was reluctant to provide the court with the name of the man in the yellow T-shirt, without giving an explanation.
The judge said he was not satisfied that the brothers and the man in the yellow T-shirt acted in common purpose.
He also said that Putuzo and Mangwe had provided concise evidence.
Bishop Timothy Ngcobo, a family spokesperson and a member of the African Freedom Revolution, said: “We are not satisfied with the court’s verdict. It shows that this justice system is dominated by Indians, and it is not fair to us Black people.
“These people are getting away with murder when the evidence is clear and tangible. He needs to put these people in jail. His decision has disappointed us.”
The matter was remanded to July 5 for sentencing. The court extended the brothers’ R15 000 each bail.
The brothers’ family declined to comment.