The Govender brothers were found guilty of attempted murder and two assaults during the July 2021 violence in Phoenix, Durban, and were sentenced to an effective seven years in prison.
On Friday, Dylan Govender, 29, and his brother Ned, 30, were jailed in the Durban High Court. On May 19, the two brothers were found to have “assaulted any black person walking in the area.”
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They were also charged with the murder of 19-year-old Mondli Majola but were found not guilty. Instead, they were found guilty of assault with the intent to cause great bodily damage (GBH).
They were convicted guilty of Mxolisi Phuthuzo’s attempted murder and Nkululeko Mangwe’s assault.
Judge Gregory Kruger told a court filled with family, friends, and political parties that his sentencing was based on evidence presented in court, taking into account the personal circumstances and testimonies provided.
Kruger stated that the probation officer’s reports on both accused were also received.
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According to the police, the accused showed no remorse and was unaware of the gravity of the offence.
The officer further stated that the accused believed they were handled unfairly by the legal system and had lost faith in it and the police.
As a suitable sentence, the officer advocated direct imprisonment.
“The accused are not remorseful,” said Kruger. “They have also not come to terms with the seriousness of their action and the crime. There is no doubt the crimes committed by the two are serious.
“There was no evidence that the complainants in this matter had interfered with anyone’s property. The complainants were unarmed and the assault on them was unprovoked. However, they were seriously assaulted by the accused.”
Kruger jailed the brothers for three years for GBH assault, 12 months for ordinary assault, and seven years for attempted murder.
The three sentences must run concurrently.
The attorneys for the brothers filed an application to have the sentences overturned. Kruger, though, refused the application.
