Phoenix unrest trial: Investigating officer reprimanded for ‘unprepared’ evidence
A police officer attempting to stop looting during the unrest that rocked KwaZulu Natal and Gauteng in July 2021.
A POLICE officer investigating the July 2021 unrest incidents told the Durban High Court that 10 people were initially arrested in connection with the attacks on black people in Phoenix, and the matter involving four of the remaining accused was yet to be concluded.
Sergeant Mkhaliphi Cele, the investigating officer, was giving evidence in the trial of the four accused in question - Ravine Naidoo, Trevor Gopal, Tyreece Govender and Timothy Govender.
They face charges including the murder of Njabulo Allen Dlamini, the attempted murders of Nkosikhona Madlala and Sandile Colin Sambo, public violence and malicious damage to property.
Gopal, who is alleged to have incited Indian residents to attack black people, also faces a charge of incitement to commit public violence.
Cele told the court that the case against Preshan Naidoo, who is the son of Ravine, was withdrawn after the witness who implicated him could not be traced.
Another accused, Lucian Pillay, was convicted of stealing parts from a Toyota Quantum which was allegedly burnt during the violence.
The vehicle was used by victims to travel to Phoenix to buy drugs at Tees Tavern, owned by Trevor Gopal.
Linda Khawula, Sanele Merase and Mthobisi Ntuli were among those allegedly attacked outside the tavern; they had all traveled together with Dlamini, Sambo and Madlala.
While some managed to escape, Dlamini, Madlala and Sambo were allegedly assaulted with sjamboks, baseball bats, cricket equipment, hockey sticks and golf clubs. Wooden pallets were placed on them and they were doused with fuel in an alleged attempt to burn them alive.
A witness who cannot be named previously testified that the trio survived. This was after attempts to set them alight failed when a match did not ignite a fire.
They were eventually taken to Mahatma Gandhi Memorial Hospital where Dlamini died.
Cele further detailed the outcomes of some of the other cases arising from the violence.
Shaheel Gopal, who is related to Trevor, pleaded guilty to public violence and was sentenced to 10 years’ imprisonment, wholly suspended. Julia Maharaj also pleaded guilty to public violence and received a 10-year wholly suspended sentence.
Denzil “Bafo” Naidoo was convicted of stealing the Toyota’s engine and sentenced to four years’ imprisonment, half of which was suspended.
Shaun Singh pleaded guilty to possession of stolen Toyota parts and was sentenced to three years’ imprisonment, wholly suspended.
As senior State advocate Thabani Buthelezi led Cele through his evidence, the defence objected to some of the testimony, arguing that it related to people who were no longer before the court.
Cele nevertheless continued, telling the court that 36 people were identified as having died in Phoenix during the unrest.
“I don’t know about those who were not identified,” he said.
Cele explained that then-police Minister Bheki Cele established a task team to investigate the violence that erupted during the July 2021 unrest. The violence lasted eight days and resulted in 258 deaths in KwaZulu-Natal, including the 36 in Phoenix.
The unrest also caused an estimated R50 billion in economic damage nationally.
Cele appeared to struggle when questioned about aspects of the investigation. When asked which of the accused had been subjected to an identification parade, he said he could not recall.
His response drew the ire of Judge Mluleki Chithi.
“You cannot unfortunately come before this court and tell us you can’t recall,” Chithi said.
The judge reprimanded Cele for coming to court unprepared and warned him that he needed to be certain about his evidence.
“I’m not going to listen to your evidence until you are sure of it,” Chithi said before adjourning proceedings for the long lunch break.
It was subsequently suggested that Cele could refer to the docket if he needed to refresh his memory.
