Johannesburg - Brothers Dylan and Ned Govender, charged with the murder of 19- year-old Mondli Majola during the 2021 July unrest in Phoenix, have been found not guilty due to insufficient evidence brought against them.
The Durban High Court handed down the judgement and said that the State had failed to prove, beyond a reasonable doubt, that the two men were guilty of murder.
The court did, however, find the brothers guilty of assault with the intention to cause grievous bodily harm to Majola, as evidence had showed that Dylan hit him with the butt of his knife and Ned hit him with a pick handle.
The Phoenix brothers were arrested in July 2021 after they were seen on video attacking five men from Amaoti township who were walking on Palmview Drive in Phoenix. Majola who was part of this group of men was shot and killed during the attack.
The four other men managed to escape to a nearby house for safety after Majola had tripped and fallen.
Majola’s first post-mortem revealed that he died from stab wounds in the thigh while a second post-mortem which was done after his body was exhumed revealed that he died of a gunshot wound to the face and stab wounds to the thigh.
The brothers were also charged with the attempted murder of Nkululeko Mangwe, the attempted murder of Mxolisi Putuzo, and the attempted murder of Qaphelani Mkovu, who were also part of the group which was attacked.
KZN NPA spokesperson Natasha Ramkisson-Kara said: “The court found that there was insufficient evidence to convict them of the attempted murder of Mangwe, and they were thus convicted of assault common.
“They were convicted for the attempted murder of Putuzo and acquitted of the attempted murder of Mkovu.”
The court has extended their bail of R15 000 each.
The third accused, Jeetendra Jaikissoon, who also stood accused with the Govender brothers, died in Westville Prison while awaiting trial in October 2021 after complaining of chest pains.
The matter has been postponed for sentencing to July 5.
IOL