A State witness, who is a recovered drug addict, told the Durban High Court that during the 2021 July unrest violence in Phoenix, where black Africans were allegedly attacked by four Indian males, he witnessed the incident in his sober senses and he got a clear view of it. 

The State witness, whose name cannot be revealed for security reasons, had told the court earlier in his testimony that he had been on drugs for 40 years. He has pointed out Trevor Gopal, the owner of Tees Tavern in Phoenix, as the person who incited violence and ordered that the three victims, Njabulo Allen Dlamini, Nkosikhona Madlala, and Sandile Sambo, be burnt alive with their taxi. 

In this matter, Gopal, Ravine Naidoo, Tyreece Govender, and Timothy Govender are charged with Dlamini’s murder, two counts of attempted murder, malicious damage to property, and public violence. 

The State is alleging that Gopal incited his security guards and members of the public to commit acts of violence against black Africans visiting Phoenix. 

The witness said that when the incident took place around midday on July 12, 2021, he had last taken drugs at 6am. 

“When the incident took place, I was in my sober senses,” he said. 

During re-examination by state prosecutor advocate Thabani Buthelezi, the witness said his drug addiction had been arrested three or four years ago when he went into rehabilitation. As he was continuing to explain, Judge Mluleki Chithi interjected, stating that the addiction issue was not relevant to the court.

“Was he under the influence of drugs at the relevant time? That is the question,” he said.

Judge Chithi interjected often, telling the witness to answer the questions that had been asked instead of talking about his life experiences or giving the court unnecessary answers.  

Additionally, the witness told the court that during the incident, he had a clear view. Buthelezi asked the witness if he knew where the person seen in a video of the incident got the cloth that was put in the petrol tank of the victim’s taxi. 

The witness said this was done by two people and one was wearing a bulletproof vest. When the taxi did not burn as anticipated, Gopal and his brother then made attempts to burn it.

“You told us here in court that the people who burnt the taxi were accused, two (Gopal and his brother). Why did you not tell us about this?” Judge Chithi asked. 

The witness replied by saying he thought it was not relevant to mention this, “because the taxi did not do what it was meant to do”. 

The witness said Gopal told people to stop filming at that stage, and he together with his brother approached the taxi to set it alight. 

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