Phoenix unrest: Govender brother’s sentencing delayed

The sentencing of two brothers, Dylan Govender (29) and Ned Govender (30), who were found guilty of attempted murder and two counts of assault during the July 2021 unrest in Phoenix, has been postponed.

The brothers appeared in the Durban high court on Wednesday for their sentencing hearing.

Phoenix unrest

The charges against them stem from the incident that took place on 19 May, where they were convicted of the attempted murder of Mxolisi Phuthuzo, assault with intent to cause grievous bodily harm to Mondli Majola (19), and assault of Nkululeko Mangwe.

Unpreparedness

The prosecutor advocate in the case informed the court that the defendant had expressed their unpreparedness to proceed with the sentencing due to the absence of crucial reports.

Among the pending reports are the incomplete probation officer’s report and the correctional service officer’s report.

He stated that the probation report will be ready by 20 July.

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Case delayed

The delay is attributed to the officer in charge saying she had yet to consult the victims in the matter; she only consulted the accused.

Judge Gregory Kruger expressed his disappointment with the delay, remarking: “This is recess for all courts. […] I came here to finish this matter and this happens. It’s unacceptable.”

The court will reconvene on 4 August to proceed with the sentencing of the Govender brothers.

Dylan, a graphic designer by profession, and Ned, a mechanical engineer, were both residents of Palmview, Phoenix when the incident happened.

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Opened fire during Phoenix unrest

According to the state’s allegations, on the day of the incident Majola, Mkhovu, Phuthuzo, and Mangwe were walking from Zwelisha to Cornubia Mall when they decided to take a shortcut through Desert Palm Road in Phoenix.

The state said they were confronted by a group of armed men, including the brothers, who opened fire, leading them to flee.

According to reports, one of the victims was allegedly stabbed several times before he was shot and killed.

The victims were part of 36 people who died during the July 2021 unrest.

The arrest of the brothers took place in 2021, alongside their companion Jeetendra Jaikissoon, who subsequently passed away while in custody.