Durban High Court sentences men to life imprisonment for murder of lecturer

The Durban High Court has sentenced Thobani Mhlongo and Kwanele Makhaye to life imprisonment and 20 years imprisonment for the kidnapping, robbery, and murder of a 61-year-old man in May 2023 in Sea Cow Lake, Durban North.

Their co-accused, Siyabonga Freeman Mahaye, was sentenced to 20 years’ imprisonment for the kidnapping and robbery. 

Natasha Ramkisson-Kara, regional spokesperson for the National Prosecuting Authority (NPA), said the deceased, Chanlall ‘Shan’ Dwarika, an engineering lecturer at Mangosuthu University of Technology, owned a house (the property) in the Sea Cow Lake while he resided in Verulam.

“He was in the process of renovating this property to sell it to a certain Pastor Miya. However, the renovations were being hampered as materials for the renovations kept going missing. Then, at some point in 2022, Miya suggested to Dwarika that he allow Mahaye (32), Mhlongo (25) and Makhaye (32), to live on the property,” said Ms Ramkisson-Kara.

“This was on condition that they kept the material safe, and they assisted with the renovation. It was agreed that the men would not pay rent to live on the property, and they would get paid for the renovations. They would also receive some spending money on a casual basis.”

Despite the three men living there, the building materials still went missing, and on May 26, 2023, Mr Dwarika went to the property and ejected the men from the property. Then, on May 28, 2023, Mr Dwarika returned to the property in his motor vehicle to finish up some repairs and to install a security gate. 

“While there, he was accosted by the three men and forced into his motor vehicle, which they drove off. He was forced to hand over his ATM PIN as well as his bank cards. The men made several withdrawals and affected some payments using the cards. At some point, Mahaye left his co-accused, taking the bank cards with him. Mhlongo and Makhaye kept Dwarika at knife point, driving him to the Inanda area where they forced him into the bushes and murdered him. They disposed of his motor vehicle by setting it alight before fleeing the scene. Dwarika’s body was found about a week later,” said Ms Ramkisson-Kara.

In court, Advocate Krishen Shah led the testimonies of several witnesses, including police officials, family members of the deceased and even a witness who had seen the deceased being pushed into his car. Cellphone data analysis and records of the bank card transactions also formed part of the state’s case. In aggravation of sentence, Advocate Shah handed in Victim Impact Statements (VIS) compiled by the wife and daughter of the deceased and facilitated by Court Preparation Officer, Thandeka Nadi Mofokeng. 

“The deceased wife described her husband as a helping and giving person who was her pillar of strength. She said that he was her financial and emotional security. Following his demise, she has become anxious and tense. The deceased's daughter said that the loss of her father has left her with a deep sadness and grief,” said Ms Ramkisson-Kara.

The men were sentenced as follows: Mhlongo and Makhaye were sentenced to five years imprisonment each for kidnapping, 15 years imprisonment each for robbery with aggravating circumstances, and life imprisonment each for murder. They will serve life imprisonment effectively. Mahaye was sentenced to five years’ imprisonment for kidnapping and 15 years’ imprisonment for robbery with aggravating circumstances. The court ordered that the sentences run consecutively, resulting in an effective 20-year sentence. They all were deemed unfit to possess a firearm.

“We hope that this stern sentence sends a clear message that crimes of violence, especially those that rob victims of their safety and security, will not be tolerated,” said Ms Ramkisson-Kara. “This conviction underscores the NPA’s unwavering commitment to ensuring justice for victims of crimes. We commend the prosecution team and law enforcement for their relentless pursuit of justice, and we hope this outcome brings some comfort and closure to the family of the victim.”