Community members gather around a road block they set up in Phoenix, north of Durban, on July 15, 2021 to prevent looters from reaching the community. File photo by GUILLEM SARTORIO / AFP
Brothers Dylan, 29, and Ned, 30, Govender, from Phoenix, were on Friday sentenced in the Durban high court to an effective seven years of imprisonment for the assaults they committed during the July 2021 unrest.
Judge Gregory Kruger handed down sentences for their crimes of assault with intent to do grievous bodily harm, common assault and attempted murder which they committed against three victims during the July 2021 unrest in the Palmview area of Phoenix. The brothers were found guilty of the crimes on 19 May.
KwaZulu-Natal National Prosecuting Authority (NPA) spokesperson Natasha Ramkisson said the brothers had been sentenced to three years’ imprisonment for the assault GBH on Mondli Majola, who died during the unrest, 12 months’ imprisonment for the common assault of Nonkululeo Manwanya and seven years in jail for the attempted murder of Mxolisi Phuthuzo.
The brothers had also been charged with the murder of Majola but were found not guilty. Majola died from his injuries after he was attacked by the brothers.
Ramkisson said the brothers’ attorneys had filed an application for leave to appeal their conviction and sentencing, which the court immediately refused.
“The court ordered that the sentences run concurrently and deemed them unfit to possess a firearm,” Ramkisson said.
“As the NPA, we welcome the finalisation of this matter. The offences are of a serious nature, the like of which will not be tolerated by the courts,” she said.
The brothers were earlier acquitted on charges relating to a fourth complainant, Qaphelani Mkhovu, because the state did not have sufficient evidence.
Thirty-six people died in Phoenix during the unrest period that claimed 354 lives, caused R70 billion in damages in KwaZulu-Natal alone, and led to 150 000 job losses across the country.
The vast majority of the deaths took place in KZN and, according to then premier Sihle Zikalala, were the result of looters fighting among themselves over stolen goods.