A 29-year-old Durban man has been sentenced to five years imprisonment by the Durban Regional Court for public violence during the July unrest in 2021.
Nhlanhla Mkhize entered a plea bargain with the state and pleaded guilty to breaking into the premises of several businesses in High Flats on July 12, 2021, in Durban and thereafter looting the businesses.
According to the state, Mkhize was among the crowd of approximately 100 people that broke into the High Flat premises. State prosecutor Surekha Marimuthu said when Mkhize committed the offence he was working as a security guard earning R7,500 per month.
She added that Mkhize had no previous convictions for any criminal offence.
“The accused has a murder conviction which is unrelated to this crime,” she said.
In aggravation of sentence, Marimuthu argued that Mkhize participated in violent acts that led to destruction of property, injury, or harm to others.
“The July 2021 riots were amongst the most violent in our country’s history,” she added.
She said Mkhize’s actions were a threat to public safety as he contributed to widespread fear, panic and disruption in the community, endangering public order and safety.
Moreover, she said Mkhize was part of a large, unlawful gathering where their actions were amplified by collective aggression, leading to greater harm.
“The accused did not disengage from the unlawful activity when they had the opportunity to do so, demonstrating a disregard for the rule of law. The riots caused significant financial damage to businesses, institutions, and individuals, affecting the local economy and the livelihoods of people,” she said.
Marimuthu proposed for Mkhize to be sentenced to five years imprisonment of which two years is suspended for three years, provided that Mkhize is not convicted for the offence of public violence during the period of suspension.
“The sentence shall run concurrently with the current sentence that the accused is serving,” she said.