Phoenix brothers sentenced to effective seven years in jail for July 2021 unrest violence

The Govender brothers have each been sentenced to an effective seven years in jail after they were found guilty of attempted murder and two assaults during the July 2021 unrest in Phoenix, Durban.

Dylan Govender, 29, and his brother Ned, 30, were sentenced in the Durban high court on Friday.

On May 19 the two brothers were found to have “assaulted any black person walking in the area”. They had also been accused of killing 19-year-old Mondli Majola but were found not guilty on this charge. Instead, they were found guilty of assaulting him with intent to do grievous bodily harm (GBH).

They were found guilty of the attempted murder of Mxolisi Phuthuzo and the assault of Nkululeko Mangwe.

In a court packed with families, friends and political parties, judge Gregory Kruger said his sentencing was based on evidence delivered in court, taking into consideration the personal circumstances and statements submitted.

Kruger said reports compiled by the probation officer on both accused were also received. According to the officer, the accused had no remorse and did not see the extent of the crime.

The officer also said the accused believed they were unlawfully treated by the justice system and have no faith in it and the police. 

The officer recommended direct imprisonment as a suitable sentence. 

“The accused are not remorseful,” said Kruger. “They have also not come to terms with the seriousness of their action and the crime. There is no doubt the crimes committed by the two are serious.

“There was no evidence that the complainants in this matter had interfered with anyone's property. The complainants were unarmed and the assault on them was unprovoked. However, they were seriously assaulted by the accused.”

Kruger sentenced the brothers to three years' imprisonment for assault GBH, 12 months for common assault and seven years for attempted murder.  

The three sentences are to run concurrently. 

The brothers’ attorneys filed an application to have the sentences overturned. However, the application was denied by Kruger.

A third accused, Jeetendra Jaikissoon, 39, died in police custody in October 2021 after a short illness.

The accused were also charged with the attempted murder of Qaphelani Mkhovu. However, Mkhovu died last year and the charge was withdrawn as the state had only his statement and was unable to confirm his evidence.

According to the state, on July 12 2021 the complainants were walking from Zwelisha to Cornubia Mall when they decided to use a shortcut through Desert Palm Road in Phoenix.

They were accosted by a group of armed men who fired at them and they ran away.

It is alleged Majola slipped and fell and was attacked and shot in the head by one of the accused while others assaulted him.

His body was found in Desert Palm Road. He was also stabbed in the thigh.

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