Witness claims Durban tavern owner ordered the burning of victims during July unrest
Image: File
A State witness has told the Durban High Court that a Tees tavern owner in Phoenix gave the instruction that black Africans be burned with their taxi alive during the 2021 July unrest.
The tavern owner, Trevor Gopal, is on trial with Ravine Naidoo, Tyreece Govender, and Timothy Govender. They are charged with the murder of Njabulo Allen Dlamini, the attempted murders of Nkosikhona Madlala and Sandile Colin Sambo. They are also charged with malicious damage to property and public violence.
Gopal further faces the charge of incitement to commit public violence. While leading his evidence in chief, Anard Chetty told the court that on July 12, 2021, after the black African victims had been assaulted and Gopal and his brother had set their taxi alight. He said Gopal stated the victims must be brought next to their taxi.
'Burn them with a taxi,' Chetty said.
He said the victims had come with a female and another male to make a purchase at Tees Tavern. He said the tavern sold alcohol illegally, as there were Covid-19 lockdown restrictions. Chetty also claimed that drugs are sold in the tavern, and he assisted those who did not want to be seen, by purchasing the drugs for them. However, he said this was not allowed.
He said the victims had gone there to buy, but within minutes, they came back running. Chetty said the taxi of the victims, which was written Touch Africa, was blocked by Gopal's brother. He said more cars appeared.
After that, he said one male and the female were able to escape and hide in a container operated by Nigerian nationals at the back of the tavern, while the others were assaulted by the crowds, taking instructions from Gopal.
Chetty stated that Naidoo was part of those assaulting victims.
'The second accused (Gopal) took out a white cloth from his pocket and stuffed it in a petrol tank of the taxi,' he explained.
Chetty said Gopal's brother took a container from him that had petrol and sprinkled it inside the taxi. He said the brothers both tried to burn the taxi, but it did not immediately burn.
'During that occurrence, we were told as a crowd to move away from the taxi because it was going to blow up. He (Gopal) told us not to film. The taxi did burn, but only the tires started, and it eventually went out,' Chetty added.
During the incident, Chetty said he asked Naidoo what he was doing there, but he told him that he was there to "support his brah, Tee".
Chetty said that at one stage, Gopal moved and was shouting instructions inside his tavern. He said as Gopal gave instructions, the guys were bringing pallets. Chetty said pallets were put on top of the victims, and some other guy who he did not know poured a bit of petrol and lit the matches.
'I think he tried about three times to light the pallets. For the third time, as he was trying to light the matches, a police van was approaching. That's when the crowd screamed, saying police, they moved away,' Chetty explained, crying.
Chetty described the layout of the tavern and said the tavern is on the top floor. On the lower floor, there is a supermarket, a shop, and a dental surgery.
Chetty also explained to the court that he currently resides in the same building after he lost everything during the pandemic.
Chetty got emotional constantly, and every time Judge Mluleki Chithi asked him if he needed a minute to calm down and drink water.
Chetty responded that he has waited three years to tell the court what happened. He'd wipe his tears and continue answering questions of State prosecutor advocate Thabani Buthelezi, who is leading him in his testimony.
The accused, who are out on bail, constantly took notes during court proceedings, and at times laughed at Chetty's testimony.
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