Africa-Press – South-Africa. Two brothers convicted in connection with violence that broke out in Phoenix, Durban, during the July 2021 civil unrest in KwaZulu-Natal, have not expressed any remorse for their actions, the KwaZulu-Natal High Court in Durban has heard.
In May, Dylan and Ned Govender were found guilty of assault with the intent to cause grievous bodily harm (GBH) to 19-year-old Mondli Majola.
Majola died when the brothers and a group of people attacked him and his friends while they were walking in Phoenix during the unrest.
The court found that the State failed to prove that the Govender brothers had caused the teenager’s death. They were instead convicted of assault GBH.
On Friday, Judge Gregory Kruger was expected to sentence the accused.
The court confirmed receipt of reports from a probation officer, a social worker and a clinical psychologist, which the defence commissioned.
The court barred the media from taking photographs.
No remorse
The psychologist, who travelled from Johannesburg, said the accused were suffering from post-traumatic stress disorder due to the incident, as well as depression and anxiety.
She added that they had unspecified personality disorders and said: “They did not express any remorse as they believe that they acted in self-defence.”
Her argument, however, contradicted Kruger’s judgment in the case.
In May, Kruger said: “They (Majola and others) were unarmed and there was no evidence that they had interfered with any of the residents from Phoenix.”
When asked for her recommended sentence, the psychologist said correctional supervision or house arrest would be appropriate.
“I have come to this conclusion based on criminal history, possibilities of reoffending, and harmfulness to society,” she said.
Social worker’s report
However, the social worker, who the court assigned to assess the accused ahead of their sentencing, came to a different conclusion.
She recommended a prison sentence deemed appropriate by the court.
She said:
“When someone takes responsibility and shows remorse, their rehabilitation process is faster compared to someone who does not take responsibility,” she continued.
The defence argued for correctional supervision, and said that the accused had already spent nine months in police custody before they were released on bail.
It also called on the court to consider that a clinical psychologist had found that the accused were not likely to reoffend.
The State, however, argued that the accused’s lack of remorse showed that they did not regret their actions.
Prosecutor Bonginkosi Mbokazi said the court needed to demonstrate that it was against racism and deter others from committing a similar crime.
“The sentence must teach the accused a lesson,” he submitted.
Kruger said he would apply his mind and postponed the case for sentencing to 18 August.
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