The harrowing events surrounding the death of 31-year-old Njabulo Dlamini during the July 2021 unrest in Phoenix continue to unfold in the Durban High Court, where four accused are facing serious charges linked to the fatal attack.
The court recently heard testimony from State witness Linda Khawula, who gave a detailed account of the events that allegedly led to Dlamini’s death outside Teez Tavern on Grove End Road on 12 July 2021.
The owner of Teez Tavern, Trevor Gopal, 52, is standing trial alongside his son, Tyreece Govender, 21, Ravine Naidoo, 67, and Timothy Govender, 46. The four men face charges including murder, attempted murder and malicious damage to property. Gopal faces an additional charge of incitement to commit public violence.
The State alleges that the accused were among a group of Phoenix residents who attacked Khawula and her friends, resulting in the death of Njabulo Dlamini, of Inanda.
According to the State, Dlamini died at Mahatma Gandhi Memorial Hospital after allegedly being assaulted with various objects and set alight.
Khawula told the court that she, Dlamini, Sanele Merase, Nkosikhona Madlala, Mthobisi Ntuli and Sandile Sambo were travelling in a Toyota Quantum when they made their way towards Teez Tavern. She said their intention was to purchase cocaine from the tavern.
The vehicle, she explained, was part of Sambo and Merase’s family taxi business. However, their journey was interrupted when they encountered two informal roadblocks erected by residents amid the unrest.
According to Khawula, the group managed to pass the first roadblock before encountering another. She told the court that the taxi’s side mirror struck the arm of a person at the second roadblock while residents were attempting to stop vehicles from entering or leaving the area.
A loud bang was heard and, according to her testimony, the occupants realised that a window of the taxi had been smashed. The driver nevertheless continued towards Teez Tavern.
Once there, Ntuli allegedly went inside to purchase the drugs while two others briefly left the vehicle. Khawula said Ntuli later returned with the drugs and handed them to Sambo, who was preparing them inside the vehicle.
It was then, she testified, that several vehicles arrived and a group of men approached the taxi. The occupants were allegedly questioned about who was driving the vehicle before more people joined the group.
Khawula said they were ordered out of the taxi. She told the court that, given the heightened racial tensions during the unrest, she believed the group intended to rob them or use them as an example.
She further identified Gopal, Govender, Naidoo and Timothy Govender as being among those in the crowd.
According to her testimony, the group was armed with items including baseball bats, golf sticks, hammers and sjamboks, which were allegedly used to assault the occupants.
Khawula said she eventually ran for her life after a gunshot was fired into the air. She sought shelter inside a nearby container that had been used as a makeshift dwelling and from there, she claimed, she could see her friends being attacked.
She further testified that wooden pallets were placed over some of the victims before fuel was allegedly poured over them, with the intention of setting them alight.
Dlamini, who was 31 and from Inanda, was among those attacked. A post-mortem examination later found that he died as a result of blunt-force head injuries.
The indictment alleges that Gopal instructed his security guards and members of the public to attack black people who were visiting Phoenix during the unrest.
The accused are alleged to have assaulted Dlamini with golf sticks, baseball bats, an iron rod and sjamboks before setting him alight.
The State further alleges that Madlala and Sambo were subjected to an attempted killing in which they were beaten and had wooden pallets placed over their bodies before fuel was allegedly poured over them.
The R600,000 Toyota Quantum was also allegedly doused with fuel and set alight, forming the basis of the malicious damage to property charge.
The indictment alleges that the accused and about 20 other people gathered at Teez Tavern with the intention of disrupting public peace and attacking the occupants of the minibus.
The State has indicated that it intends calling 19 witnesses during the trial. Proceedings continue in the Durban High Court this week.
