The National Prosecuting Authority in KwaZulu-Natal and the Hawks are gunning for the alleged instigators and perpetrators of rioting and looting, and those who allegedly murdered people during the July 2021 civil unrest that cost the province more than R20 billion in damages.
KZN NPA head Elaine Zungu highlighted the prosecuting authority’s progress on a raft of cases that are currently before the courts, and on others that have been sent back to the police for further investigation.
Zungu said the cases had been separated into three categories – those against the instigators, murder cases and looting cases.
She said there were 11 instigator cases, which related to charges of incitement or conspiracy to commit public violence, and included high-profile cases against alleged instigators Dumisani Zuma, who stands accused of incitement to commit public violence and inciting arson linked to the burning of the Brookside Mall in Pietermaritzburg, and fees must fall activist Bonginkosi Khanyile, charged with inciting public violence and contravening the Disaster Management Act by holding illegal gatherings and not wearing a mask. The third case involves 61 accused, one of whom belonged to three different WhatsApp groups that were active during the unrest period. All three cases are currently on the court roll.
Zungu said four state advocates had been allocated to the matters, in addition to the other cases they were working on.
“The prosecutors in these matters work closely with the members of the DPCI (Directorate of Priority Crime Investigations, Hawks). These cases have been allocated to a group of advocates to guide the investigations and determine whether there is evidence to prosecute in the cases,” Zungu said.
“I must at this stage convey my appreciation to the prosecution team and the investigating team who have dedicated lots of time to these cases. There continues to be a lot of overtime dedicated to the matters as some of these are voluminous, with lots of documents to be perused.”
She said the investigation into Jacob Zuma's daughter Dudu Zuma-Sambudla, who was vocal on Twitter during the unrest, was ongoing. Zuma-Sambudla often posted pictures of the destruction and carnage during the looting with the caption: "KZN we see you."
She also posted a video of gunfire directed at a poster of President Cyril Ramaphosa.
Zungu said many of the murder cases had emanated from the Phoenix area. She said the NPA had initially received eight case dockets; five of these were currently on the court roll, while in two cases a decision had been taken not to prosecute and one case was withdrawn as the witness could not be traced.
Among the cases are the murder trials of Joel Pillay, Dylan Govender and Ned Govender, Ravine Naidoo and others, Yubandra Govender and seven others, and Reggie Blueboy Moodley and seven others.
“In July/August 2022, a further 60 dockets were forwarded to this section (general prosecution) for decision. We have declined to prosecute in 50 of these matters, and the case dockets have been referred for inquest. Sixteen of the matters were referred to the police for investigation. Some of the matters still do not have post-mortem reports, video footage is outstanding, and a request for additional witness statements has been submitted,” Zungu said.
Several looting cases were being handled by the lower, regional and district courts. She highlighted several cases that have now been finalised, including the high-profile matter against ‘Woolworths Mercedes looter’, Mbuso Molo. He was found guilty of theft and public violence related to the looting of a Woolworths store in Glenwood.
“The AFU obtained a preservation order in the Durban High Court in respect of the Mercedes-Benz he was seen placing stolen items into. The vehicle was found to be an instrument for the commission of the offence. The estimated value of the vehicle is approximately R500 000. The vehicle is in the possession of the state,” Zungu said.
She added that the state would file a forfeiture application, which has not been opposed, on November 6.
In addition, Njabulo Ncube had been found guilty and sentenced to eight years imprisonment for housebreaking.
“Ncube and a group of others broke into a store in Umbilo and stole groceries. They were arrested by the police who were passing by. Ncube could not compensate for the damages to the property and is presently serving his eight-year sentence,” Zulu said.
Lungelo Nthenga was sentenced to five years’ imprisonment after he pleaded guilty to theft that took place in the Mobeni industrial area.
