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Police at the scene of looting during the July unrest.
- Two brothers from Phoenix, north of Durban, have been cleared of the murder of a 19-year-old during the July 2021 civil unrest.
- Judge Gregory Kruger ruled that the State had failed to provide satisfactory evidence against the accused during the trial.
- The brothers were, however, found guilty of attempted murder and assault.
The KwaZulu-Natal High Court in Durban has ruled that the State has failed to prove beyond a reasonable doubt that two men charged with the murder of a 19-year-old man during the July 2021 civil unrest in Phoenix, are guilty of murder.
Dylan and Ned Govender were, however, found guilty of assault with the intention of causing grievous bodily harm to Mondli Majola.
The two brothers, smartly dressed in navy and grey suits respectively, appeared before Judge Gregory Kruger on Friday to hear their fate.
A court order barred the media from taking their photographs.
READ | Kaveel Singh: July unrest investigations plod on, going nowhere slowly
The courtroom was packed with family and friends of the accused, who occupied one section of the court gallery while members of the Amaoti community, where Majola resided, filled the other side.
Delivering his judgment, Kruger said the State had succeeded in proving that the brothers assaulted Majola through video footage obtained from the crime scene.
Dylan was found to have hit the 19-year-old with the butt of his knife, while Ned hit Majola with a pick handle.
The assault
It is alleged that the Govender brothers, together with Jateendra Jaikissoon and other armed members of the Phoenix community attacked Majola, Mxolisi Phuthuzo, Nkululeko Mangwe and Qaphelani Mkhovu around the time of the civil unrest in KwaZulu-Natal in July 2021.
The complainants, from the nearby Amaoti township, were allegedly accosted by the accused while walking to Cornubia Mall north of Durban via Desert Palm Road in Phoenix.
Kruger emphasised while delivering his judgment:
They were unarmed and there was no evidence that they had interfered with any of the residents from Phoenix.
The complainants attempted to evade the accused by running to a nearby house where they sought refuge, however Majola tripped over and fell.
He was allegedly beaten multiple times by a mob carrying weapons including guns and bush knives.
Three other men who were walking with Majola were eventually caught by the mob and were also assaulted, but they survived.
Jaikissoon died in police custody while awaiting trial in October 2021.
On Friday, the Govender brothers were also found guilty for the assault of Phuthuzo as well as the attempted murder of Mangwe.
The accused were previously acquitted on charges related to Mkhovu as the State failed to provide sufficient evidence.
Mkhovu died, in an unrelated incident late in 2022, before he could testify.
An affidavit that he deposed prior to his death was ruled as inadmissible by the court after the defence argued that its content could not be fairly tested by way of a cross-examination.
The matter has been adjourned until 5 June for arguments in mitigation and aggravation of sentencing.
The NPA’s Natasha Kara said they will be calling for maximum sentences to be handed down for both accused.
The accused’s bail were extended.
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