Durban judge slams outstanding reports delaying sentencing of Phoenix brothers convicted of July 2021 charges

The sentencing of two brothers guilty of attempted murder and two assaults in Phoenix during the 2021 July unrest has been delayed. 

Dylan Govender, 29, and his brother Ned, 30, appeared in the Durban high court on Wednesday for sentencing.

They were found guilty on May 19 of the attempted murder of Mxolisi Phuthuzo, assault with intent to do grievous bodily harm to Mondli Majola, 19, and assault of Nkululeko Mangwe.

Prosecutor advocate SN Mbokazi said he had been advised by the defence that they are not ready to proceed with the sentencing as crucial reports are still outstanding. 

They include a probation officer’s report, which is still incomplete, and the correctional service officer’s report. 

“The probation report will be ready by July 20 as the officer in charge says she has yet to consult the victims in the matter. She has only consulted the accused. The consultation with the accused was done on June 15,” said Mbokazi. 

During the proceedings, a correctional service officer’s report was submitted by a court official who stated it arrived that morning. 

Defence attorney Carl van der Merwe told the court they were not ready to proceed as they needed time to study the reports.

Judge Gregory Kruger slammed the delay in submitting the reports.

“This is recess for all courts and I should be in bed and relaxing. I come here to finish this matter and this happens. It’s unacceptable,” he said.

The defence said they also need time to conduct a forensic report  on the correctional service officer’s report and the probation officer’s report.

Kruger adjourned the matter to August 4 for sentencing. 

During the previous court appearance, the accused were found not guilty of the murder of 19-year-old Mondli Majola and the attempted murder of Qaphelani Mkhovu.

A third accused, Jeetendra Jaikissoon, 39, died in custody in October 2021 after a short illness.

Mkhovu died last year and the charge of attempted murder was withdrawn as the state had only his statement and was unable to confirm his evidence. 

The accused pleaded not guilty, denied the offences and that they caused Majola's death. 

The state alleged that on July 12 2021 Majola, Mkhovu, Phuthuzo and Mangwe were walking from Zwelisha to Cornubia Mall when they decided to use a shortcut through Desert Palm Road in Phoenix.

They were accosted by a group of armed men who opened fire at them and they ran away. It is alleged Majola slipped and fell and was attacked and shot in the head by one of the accused while others assaulted him.

His body was found on Desert Palm Road. He was also stabbed in the thigh. 

TimesLIVE