Chatsworth man jailed for ’execution’ murder

Durban – TWO years after a Chatsworth man died in police custody while being interrogated about a gun allegedly sold to him, the man who sold it to him was yesterday sentenced in the Durban High Court to 13 years’ imprisonment.

In August 2018, Xolani Zungu was shot dead by Fardeen Carim, after Zungu had shot two other men in Chatsworth.

Carim took the gun he witnessed Zungu use and sold it. Six days after Zungu’s murder, Reagan Naidoo was taken in by police for questioning. It was alleged that, while in custody, he choked on a pie and was taken to hospital, where he died. His family had cried foul play at the time, saying his clothes were torn and tattered.

Yesterday, Carim was sentenced to an effective 13 years’ imprisonment for Zungu’s murder, theft of the firearm, and for being in possession of an illegal firearm and ammunition.

According to the indictment, on August 23 in Woodhurst, an armed Zungu allegedly shot two men. Carim witnessed Zungu making his getaway and fired shots at him, injuring him. Zungu fell at a park adjacent to Woodhurst Drive, where Carim went over to him and killed him.

Carim used his late father’s 9mm semi-automatic pistol to commit the crime.

When judgment was handed down on Monday, Judge Graham Lopes was of the view that robbery with aggravating circumstances could not be proven. He convicted Carim of theft and found that the State proved murder – but Lopes said there was no evidence of premeditation. Lopes found this was an unusual case because Carim saw Zungu shooting two people dead that night.

He said Carim was overwhelmed by what he had seen and decided to shoot Zungu, who was fleeing.

He said that Zungu was shot in the head, and that Carim firing another shot at Zungu, when he was already lying helplessly on the ground, was an aggravating factor.

Carim’s Legal Aid attorney Sizwe Masondo had argued for the court to find substantial and compelling circumstances, and deviate from the minimum prescribed sentence of 15 years on each of these counts.

He asked the court to deviate from the minimum sentences because Carim was a responsible family man, who happened to be at the wrong place at the wrong time.

“He was also in possession of a firearm licensed to his late father, hence he pleaded guilty to unlawful possession of a firearm and ammunition.”

The State had argued for life imprisonment for the murder.

Senior State advocate Krishen Shah argued that Carim, while going for the second shot, had time to correct his actions.

“He went back to the park and executed Zungu. That required a thought process,” he said.

Daily News