Latest news with #DurbanHighCourt
IOL News
18 hours ago
- Politics
- IOL News
Witness recounts chilling details of murder trial linked to July 2021 unrest in Phoenix
An emotional State witness has described to the Durban High Court how some July unrest victims were brutally attacked in phoenix Image: Nomonde Zondi Durban High Court heard on Wednesday morning that one of the victims of the 2021 July unrest in Phoenix was hit on his head by a rock and a hammer. This is after one of the four Indian men was heard saying that they needed to put heat on the 'darkie ous'. Four men, Ravine Naidoo, 67, from Phoenix, Trevor Gopal, 52, from La Mercy, Tyreece Govender, 21, from Phoenix, and Timothy Govender, 46, from Phoenix, are on trial for murder, attempted murder, malicious damage to property, and public violence. Additionally, Gopal is also charged with incitement to commit public violence. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading The State is alleging that the four men killed Njabulo Allen Dlamini by hitting him with golf sticks, an iron rod, a sjambok, and setting him alight. It also alleges that the accused attempted to kill Nkosikhona Madlala and Sandile Colin Sambo by hitting them with golf sticks, baseball bats, putting wooden pallets on their bodies, and pouring fuel on them with the intent to burn them to death. The State alleges that Gopal had addressed his co-accused and some community members to attack black Africans outside his tavern. A State witness, Anard Chetty, who said he used to reside at Gopal's tavern after he lost his job during Covid-19, told the court that on July 12, 2021, when the victims were attacked, Tyreece hit Dlamini with a rock on his head. He stated that Dlamini arrived at the tavern in a taxi bearing the Africa Touch logo, accompanied by others. Chetty testified that Gopal used to sell alcohol illegally, as it was banned during that time because of Covid-19 lockdown restrictions. He said a female and two males had alighted from the taxi to go to the tavern, and within minutes, they came back running. At that time, a lot of vehicles came, with one being driven by Gopal's brother, blocking the taxi. He said the taxi occupants, including Dlamini, who were left inside, were told to come out and lie down on the floor. He said there was resistance from the taxi occupants and stated that the people who had come in vehicles had sticks and they assaulted the victims. He said they ran in different directions. 'A female and one male ran to the container behind the tavern and came out the next day around 6.00 in the morning,' Chetty said. He said that when Dlamini jumped out of the taxi, he was tripped by Gopal's brother, and he fell. 'More people came to assault him,' he added. Additionally, Chetty, who would constantly get emotional and cry, said that as Dlamini was being assaulted, Tyreece picked up a rock and hit him with it. 'After the third accused (Tyreece) picked up the big rock, Accused Four (Timothy) took the hammer and beat him with it. Those are the two fatal blows that ended that guy. He couldn't move,' he said, crying. Additionally, Chetty told the court that Dlamini was his friend. He said Tyreece is the son of Timothy. During his testimony, Judge Mluleki Chili kept on reminding him to slow down as they took notes. At some stages, when Chetty got emotional, he would tell him to drink water and take a minute. All the accused are out on bail. The trial continues.
The South African
5 days ago
- Politics
- The South African
Duduzile Zuma on July riots threat: 'Round 2 will be worse'
Duduzile Zuma-Sambudla – the daughter of MK Party President Jacob Zuma – has threatened a 'round two' of July riots, after the party demanded the protection of KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi. The political party is demanding the dismissal of Minister of Police Senzo Mchunu – who was placed on a leave of absence – amid claims he orchestrated a criminal syndicate. The party also wants President Cyril Ramaphosa to tender his resignation. In an Instagram post, Duduzile Zuma-Sambudla pledged her allegiance to Nhlanhla Mkhwanazi once again. The daughter of the former president threatened to rally the MK Party into action if anything happened to the KZN provincial police commissioner. Posting a flier for the party's protest march, which occurred on Friday, 18 July, she shared: 'Once they touch him, kuzonyiwa. Round two will be worse. Let's protect this man'. Earlier this month, she defiantly posted: 'Let them touch you. We're ready for round two!'. Duduzile Zuma-Sambudla has pledged allegience to KZN Police Commissioner Nhlanhla Mkhwanazi. Images via Instagram: @duduzilezuma_sambundla Duduzile is referring to claims she incited violence through her social media posts during the July 2021 riots. During the civil unrest, the 42-year-old former housewife retweeted several videos of the violence and looting, which was a direct reaction to her father's incarceration on contempt-of-court charges shortly before. Duduzile is charged with contravening the Protection of Constitutional Democracy against Terrorist and Related Activities Act (POCDATARA) and incitement to commit violence. She will appear in the Durban High Court again on 14 August. During the protest march in Pretoria on Friday, Duduzile-Sambudla Zuma and other MK Party members demanded that action be taken to protect Nhlanhla Mkhwanazi. Their list of demands included: Arrest of Minister of Police Senzo Mchunu Police file dockets of political killings should be returned to the Special Task Force Arrest of those implicated by Nhlanhla Mkhwanazi, including deputy national commissioner, Shadrack Sibiya President Cyril Ramaphosa's resignation MK Party national organiser Joe Ndlela handed over a memorandum at the Union Buildings and told the crowd that they were giving the government '14 days to respond.' Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 . Subscribe to The South African website's newsletters and follow us on WhatsApp , Facebook , X, and Bluesky for the latest news.
Daily Maverick
7 days ago
- Business
- Daily Maverick
ARTsolar throws in towel in ‘gagging' case against ‘whistle-blowers' and journalist
The solar panel company had wanted to stop three 'whistle-blowers' and a journalist from reporting that it was importing and not locally manufacturing its solar panels. Solar panel manufacturer ARTsolar has thrown in the towel in its controversial battle against three 'whistle-blowers' and a journalist. The company had successfully gagged them by court order from making or reporting on 'defamatory' allegations that ARTsolar was importing and not locally manufacturing its solar panels. The interim gagging order was granted in March by Durban High Court acting Judge Perlene Bramdhew against businessman Brett Latimer, two former employees of ARTsolar and journalist Bongani Hans. The date to determine whether the order should be confirmed or discharged was set for 29 July. But this week, ARTsolar withdrew the application and tendered to pay the costs of Latimer, Hans and former employees Kandace Singh and Shalendra Hansraj. It also tendered to pay the costs of the Industrial Development Corporation, which entered the legal fray because it had provided R90-million funding to ARTsolar to set up its 'proudly South African' factory in New Germany. The IDC wanted to interview Latimer about his claims. The initial court order specifically barred Latimer from communicating with the IDC. The IDC launched its own urgent court application, successfully arguing that it should have been joined in the proceedings, and that the order was stifling an investigation into the matter on the instruction of Minister of Trade, Industry and Competition Parks Tau. The order was amended to exclude reference to the IDC. The shift in ARTsolar's stance came after it appointed new attorneys last month. Mohamed Mota, partner at Cox Yeats, confirmed the withdrawal. He said his client had no comment 'at this stage'. Media freedom Because the case had implications for freedom of expression, the amaBhungane Centre for Investigative Journalism had applied to be admitted as an amicus curiae. Managing partner Sam Sole said the withdrawal was a 'bittersweet victory'. 'The facts of the case make it clear the order should never have been granted and amaBhungane was looking forward to urging the court to give decisive direction to other presiding officers about the very narrow and limited circumstances which could justify such pre-publication censorship,' he said. 'We had also intended to remind the court that an effective press is a 'public sentinel' and is a conduit for the public's right to receive and impart information, meaning curbs on the media effectively limit the rights of the general public. 'This places a duty on the courts to be exceptionally vigilant in ensuring adherence to the legal safeguards of press freedom, especially where the public have no voice in the proceedings – as in this case, where the media house did not initially come to court.' Sole said there were various reasons that a journalist may fail to effectively oppose such an application, especially an extremely urgent one, such as a lack of timely access to adequate (or any) legal representation. 'We hope the publicity engendered by this case will discourage other parties from running to court and will also encourage presiding officers to exercise due care and caution when faced with similar cases,' Sole said. ARTsolar's urgent application was sparked by Hans sending questions, based on Latimer's allegations, to the company. Latimer, a former client of ARTsolar, alleged that he had been duped into believing that the panels were locally manufactured when they were in fact imported from China. He was backed up by Singh and Hansraj, who previously worked for the company. On the back of the gagging order, Latimer obtained a subpoena against Turners Shipping and, in a supplementary affidavit, he said the shipping documents (bills of lading) showed that the company imported 99% of its panels. Latimer's attorney MS Omar said: 'The interim gagging order was a drastic and draconian violation of my client's fundamental rights of freedom of expression as enshrined in section 16 of the Constitution. The overbroad interim order plainly prohibits permissible statements, based on truth and public interest, and failed to take account of the high threshold for a defamation interdict.' The application will be formally withdrawn in court on 29 July. DM
IOL News
16-07-2025
- Politics
- IOL News
ActionSA prepares for court battle against eThekwini Municipality over sewage crisis
ActionSA's KZN provincial chairperson Zwakele Mncwango has been at the forefront in the fight against the eThekwini Municipality over sewage pollution. Image: Tumi Pakkies Independent Newspapers The legal battle between ActionSA and the eThekwini Municipality over the municipality's failure to address sewage pollution is set to commence at the Durban High Court next week. The case will be heard on July 24 and 25. ActionSA said it was pleased that the matter is finally before the courts and was looking forward to the opportunity to fight this long-overdue battle on behalf of all residents of eThekwini. In a statement, the party said, 'Following long-term failures to resolve its sewage crisis, ActionSA filed papers in 2022 against eThekwini Municipality, citing violations of the constitutionally enshrined rights of eThekwini residents to a safe and clean environment and their right to economic development." ActionSA said the sewage crisis has profoundly impacted the city, leading to the frequent closure of beaches due to high E. coli levels, the pollution of water systems, and communities suffering the indignity of sewage overflows. The impact on the domestic economy has been devastating, with annual tourist visits to eThekwini dropping from 15 million in 2015 to less than 800,000 in 2023, the party said. ActionSA's legal action seeks to have the court declare the failures of the eThekwini Municipality unconstitutional and to compel the municipality to produce a turnaround plan for the crisis, which will be made a time-bound order of court. If ActionSA is successful, the party stated, either the sewage crisis will be resolved, or senior eThekwini Municipality officials will face jail time for contempt of court if they deviate from the court-ordered turnaround plan. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ The party explained that in 2024, the Democratic Alliance filed similar papers in the Pietermaritzburg High Court. However the court had decided to join DA's legal action to ActionSA's case. 'It is clear from the past few years that the eThekwini Municipality has not resolved this issue and is indifferent to the constitutional violations of the rights of its residents. 'ActionSA has committed itself to focus on this kind of work to demonstrate its commitment to reversing the collapse of the basic service delivery infrastructure in many municipalities across South Africa. This case is a vital demonstration of our long-term commitment to this principle and the residents of eThekwini,' said the statement. THE MERCURY
IOL News
12-07-2025
- IOL News
Father of slain Durban schoolgirl expresses heartfelt gratitude for justice
Wandile Aphiwe Ngcobo's killers were sentenced to life imprisonment by the Durban High Court. Image: Supplied The father of the slain Durban Girls Secondary School pupil has expressed gratitude to the police and prosecution after the Durban High Court sentenced her killers to life imprisonment. Wandile Aphiwe Ngcobo was brutally murdered in their home at Mlazi township, Durban. Mondli Ngcobo said that although his daughter was not going to come back, he was happy with how the court sentenced Sifundo Bongani Bhengu, 39, and Bongani Freedom Jali, 24. On May 28, 2024, Bhengu and Jali entered the Ngcobo house to steal a big screen television so that they could sell it to get more drugs, as they were addicts. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ They watched Ngcobo and Wandile's younger sister leave his house in the morning. They both went to the house and stole the TV, robbed Wandile of her cellphone, and took a Puma backpack. The TV was later sold at the Durban CBD. Wandile's body was found gagged and bound with pantyhose. They were both sentenced to life imprisonment for the brutal murder on Friday. Ngcobo said State senior prosecutor, Advocate Krishen Shah, and the investigating officer, Sergeant Mndeni Mzila, were dedicated to making sure that justice was served. 'Not all police officers are corrupt. Sgt Mzila dedicated himself to this case. We wanted closure, and we got it,' he said. Sifundo Bhengu, front, and Bongani Jali were sentenced to life imprisonment for killing Wandile Aphiwe Ngcobo. Image: Nomonde Zondi However, he said it was disappointing that Bhengu and Jali did not get charged for allegedly raping his daughter before killing her. He alleged that when Sgt Mzila started investigating the case, it was too late, as they had buried Wandile. He added that Wandile's body became stale while at a mortuary, so doctors could not determine whether she was indeed raped. 'I think I have to accept this and let it go,' he said. Additionally, the National Prosecuting Authority (NPA) spokesperson in KZN, Natasha Ramkisson-Kara, said the conviction underscores their commitment to ensuring justice for victims of crime and their families. After the sentencing, Legal Aid advocate Phumelele Daniso told the High Court that Jali had instructed him to appeal the sentence, as he felt that the life imprisonment was too harsh. Daniso stated that his client was present in the planning of stealing, which was hatched and executed up until the items were sold. 'Jali's participation did not go to the extent that he inflicted the wound. The misdirection of the court here is that it had to look at the participation of each accused,' Daniso explained. Wandile Aphiwe Ngcobo was killed in her home at uMlazi while preparing for her Grade 11 exams. Image: Supplied He said the court convicted both Bhengu and Jali on a common purpose, adding that another court would not sentence Jali any differently. Judge Garth Harrison said to deviate, one must find substantial and compelling circumstances. He asked Daniso if the compelling circumstance was that Jali did not stab Wandile. Daniso said yes. However, Judge Harrison said the issues that Daniso relied on were dealt with in the sentence. 'I considered these and I rejected them. Leave to appeal is refused,' Judge Harrison said.
