The Durban High Court has sentenced brothers, Dylan and Ned Govender, to an effective seven years imprisonment for the assault with GBH, common assault and attempted murder they committed in July 2021 in the Palmview area in Phoenix, outside Durban in KwaZulu Natal.
The court heard that the brothers assaulted any black person found walking in the area. The state alleged that on 12 July 2021, Mondli Majola, Mxolisi Phuthuzo, Nkululeko Mangwe and Qaphelani Mkhovu 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 opened fire at them and they ran away, unfortunately for Majola, he slipped and fell. He was then assaulted and his body was later found dumped in Desert Palm Road with a stab wound in the thigh. The brothers were not found guilty of Majola's murder in May this year after a postmortem revealed that he died of a stab wound. They were found guilty of the attempted murder of Phuthuzo, assault with intent to do grievous bodily harm to Majola and assault of Mangwe. They were acquitted of the attempted murder of Mkhovu, who has since passed away.
State advocate Bonginkosi Mbokazi, led the evidence of video footage as well as the testimony of the complainants. Mbokazi also submitted a Victim Impact Statement, compiled by one of the complainants, Mangwe, and facilitated by Court Preparation Officer Thandeka Nadi Mofokeng. Mangwe said that he was brutally assaulted by the men. He said that the assault has left him disabled and he is unable to work and earn money to support his family.
The men were sentenced to three years imprisonment for the assault with intent to do grievous bodily harm to Majola, 12 months imprisonment for the common assault of Mangw, and seven years imprisonment for the attempted murder of Mxolisi Phuthuzo. "The court ordered that the sentences run concurrently and further deemed them unfit to possess a firearm. Their subsequent applications for leave to appeal their respective convictions were refused by the court," said KZN NPA spokesperson Natasha Ramkisoon-Kara.
