DURBAN – A new twist has emerged in the murder and attempted murder case against three Phoenix residents accused of killing Mondli Majola during the unrest in July 2021.
The trio were applying for bail in the Verulam Magistrates Court on Wednesday.
Attorney Carl Van Der Merwe, who is representing Dylan Govender, argued that Govender was wrongfully charged for murder because the post mortem results showed that Majola died of stab wounds and not gunshot wounds as the State had previously alleged in its evidence before the court.
The State has alleged that in the video footage Govender allegedly shot Majola in the face. Van Der Merwe argued that this meant his client could not be charged for murder.
He also argued that the State was wrong for charging his client under a schedule 6 offence – that is an accused is detained in custody unless the accused satisfies the court that exceptional circumstances exist, which justify his or her release. The offences listed in Schedule 6 are the most serious violent crimes, namely murder, rape and robbery.
— Daily News (@DailyNewsSA) September 29, 2021
Verulam magistrate Irfaan Khalil argued that it was still in the early stages for the defence to raise such issues because the court would deal with that aspect during the trial.
“On the post-mortem issue, the State’s response will be dealt with as the proceedings get under way and the bail hearing continues.”
Govender is facing charges of murder and attempted murder, while his brother Ned and neighbour, Jeetendra Jaikissoon, each face one count of murder.
The trio were arrested on July 22 after a special police unit, tasked with investigating the murder of 36 people in Phoenix during the unrest, obtained a video which the State claimed clearly showed the men taking part in the attack of five men, who were walking on the road in Palmview, Phoenix.
The family of Mondli Majola who was allegedly killed the accused Dylan Govender, Ned Govender and Jeetendra Raikissoon is the Verulam magistrate court today. Here is what he feels about the case.@DailyNewsSA @PhungulaWillem pic.twitter.com/ALGum3Yqo9
During the attack, Majola from Amaoti in Inanda was killed. Three men were left seriously injured, while one escaped.
At present, police said 56 people have been arrested and linked to murder cases within the Phoenix policing jurisdiction.
The devastation to the commercial property industry, and to the livelihoods of entrepreneurs, informal traders and businesses, during July’s looting, has been significant.
It has been calculated that about 800 stores were looted and 100 malls were either burnt down or suffered significant fire damage and a number of distribution centres, particularly in Durban, KwaZulu-Natal, were looted with structural destruction.
Meanwhile, the eThekwini Economic Development and Planning Committee says about R1.5 billion has been lost in stock; a R15 bn loss to property; more than 50 000 informal traders have lost their livelihoods; approximately 1.5 million people have lost their potential to earn an income; and there are some 150 000 jobs at risk.
Daily News