July unrest Phoenix assault sentence postponed

The sentencing of brothers Dylan and Ned Govender, who were found guilty of the assault of 19-year-old Mondli Majola during the 2021July unrest in Phoenix, has been postponed to August in the Durban High Court. Picture: Tumi Pakkies/African News Agency (ANA)

The sentencing of brothers Dylan and Ned Govender, who were found guilty of the assault of 19-year-old Mondli Majola during the 2021July unrest in Phoenix, has been postponed to August in the Durban High Court. Picture: Tumi Pakkies/African News Agency (ANA)

Published Jul 5, 2023

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Durban — The sentencing of brothers Dylan and Ned Govender, who were found guilty of the assault of 19-year-old Mondli Majola during the 2021 July unrest in Phoenix, has been postponed to August in the Durban High Court.

The brothers appeared before Judge Gregory Kruger on Wednesday where it had been anticipated that they would be sentenced for assault with intent to do grievous bodily harm, however an outstanding probation officer’s report was one of the causes for the postponement.

“It’s been brought to my attention that we don’t have reports we need and we are therefore not ready to proceed with sentencing,” said State Prosecutor advocate SN Mbokazi.

This had been before the Correctional Services report was brought to Mbokazi during proceedings.

“Mr Dladla has just handed me the correctional officers report and probation officer report outstanding,” said Mbokazi.

He indicated that the probation officer’s report will be ready on July 20, this is after Kruger had stood the matter down for Mbokazi to contact the probation officer.

“Under the circumstances, I need some time to familiarise myself with both reports, the matter will have to be adjourned. The report will be ready by the 20th as she still needs to consult with the victims,” said Mbokazi.

Another cause for the postponement is that the men’s counsels intend to have both reports looked at by an expert witness who will testify.

“We are still awaiting the probation and corrections reports. Up to yesterday, we had a corrections officer phoning accused one to get more information. This delay is not their (the accuseds’) doing,” said advocate Carl van der Merwe, SC.

“Our witness, a forensic psychologist from Johannesburg, said she will be available to consult with the accused on July 22 and 23 and will need three days to prepare her report thereafter. From discussions with the prosecutor, we settled on August 17 for an adjournment date, that is when the expert is available.”

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