Africa-Press – South-Africa. The KwaZulu-Natal High Court in Durban handed two brothers, who were convicted of assault and attempted murder during the Phoenix massacre in July 2021, seven years’ direct imprisonment each.
The brothers, Dylan and Ned Govender, were initially charged for the murder of 19-year-old Mondli Majola as well as the assault and attempted murders of three others – Mxolisi Phuthuzo, Nkululeko Mangwe and Qaphelani Mkhovu.
Majola and the three other complainants were walking on Desert Palm Road in July 2021 when they were attacked by a mob, which included the accused.
In May, the court found the State had failed to prove beyond reasonable doubt that the Govender brothers had killed Majola.
They were, however, found guilty of assault with the intention of causing grievous bodily harm, acting in common purpose for assault, and the attempted murder of the deceased.
They were also found guilty for assaulting Phuthuzo and the attempted murder of Mangwe.
The brothers were previously acquitted on charges related to Mkhovu because the State failed to provide sufficient evidence.
Mkhovu died, in an unrelated incident late in 2022, before he could testify.
The pair appeared before Judge Gregory Kruger on Friday.
A court order barred the media from taking photographs.
Kruger kicked off sentencing proceedings by mentioning that he intended to issue a sentence which was mindful of deterrence, retribution and rehabilitation.
He described retribution as a sentence in line with society’s moral outrage.
He said:
Kruger said he had considered reports from a social worker attached to the correctional services department, a probation officer and a psycho-legal expert, who had been commissioned by the defence.
“Both the social worker and the psycho-legal expert found that the accused expressed no remorse,” the judge said.
“Unfortunately, the accused see themselves as victims and have expressed distrust in the criminal justice system, the police and, most of all, the media.”
The accused, according to Kruger, claimed they were denied the opportunity to detail their side of the story.
He described the claim as “alarming” because both accused were given opportunities to testify and were allowed do so, without any restrictions.
An appeal bid by the defence was opposed by the State and dismissed by Kruger, who said he did not believe another court would arrive at a different conclusion.
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