Sohrab Iqbal Kayani
Durban: The brother of a Pakistani national, who was shot execution-style at his cellphone repair shop in Inanda, believes he has received justice.
The three men responsible were sentenced to life imprisonment in the Ntuzuma Magistrate's Court last Tuesday.
Sohrab Iqbal Kayani, 34, co-owned the shop with his brother, Afrasyab Kayani.
In August 2018, the shop was looted and burnt during xenophobic attacks. Two months later, the shop was looted, and an assistant was assaulted and robbed of his cellphone. Iqbal Kayani was shot in the back of the head during the incident.
The accused - Mlondi Linda Mngoma, 21, and Thamsanqa Siyabonga Gumede, 30, both of Inanda, and Sizwe Mzomuhle Ndlovu, 27, of KwaDukuza (Stanger), then fled the scene.
They were subsequently arrested after they were found in possession of items from the shop. This included a Lenovo Notebook, a customer’s cellphone that required repairs, a Calvin Klein watch that belonged to Afrasyab Kayani, cigarettes and other stock.
The men were charged with murder and robbery with aggravating circumstances. During court proceedings, it emerged that the KwaDukuza police were looking for the accused in an unrelated business robbery, which occurred days earlier.
Mngoma was found in possession of two unlicensed firearms. One of them was linked to the complainant in the previous business robbery. Mngoma was charged with a further two counts of possession of an unlicensed firearm and two counts of possession of ammunition.
During their trial, Kaystree Ramsamujh, the regional court prosecutor, submitted that sometime prior to the incident, the accused conspired to rob and kill Iqbal Kayani.
She said on the morning of the incident, the accused armed themselves and attacked the deceased at his premises.
Ramsamujh led the evidence of eight witnesses.
The shop assistant, the only eyewitness for the State, identified the accused at an identification parade. He testified in-camera that he saw them loitering outside the shop three days before the incident.
A single spent cartridge, found later by Afrasyab Kayani in the shop, was also linked to one of the firearms found in Mngoma's possession.
The accused were found guilty on all counts in November last year.
In aggravation of sentence, Ramsamujh called for life imprisonment for all three accused. She argued that even though the fatal shot was fired by Mngoma, the accused acted in common purpose.
"Despite the discretionary minimum sentences prescribed by the Legislature for convictions of these types of crimes and robust sentences imposed by our courts on a daily basis, robberies continue unabated.
"It is therefore justified for our courts to give recognition to the plight of society and its demand for protection through the imposition of deterrent sentences.
"This is so like-minded transgressors receive the stern message that our courts will not hesitate to recognise and implement the policy considerations of the Legislature to the extent that this kind of crime is grave and robust sentences are warranted."
A probation officer’s report was submitted to court during pre-sentencing. The report recorded interviews with two of the accused and Afrasyab Kayani on behalf of the deceased’s family.
The report stated the following regarding Afrasyab Kayani: "The deceased's brother reported that he came to South Africa from Pakistan to earn a better living. He reported that two months before the deceased was murdered, his shop was burnt down and looted due to the xenophobic attacks in the country. He reported that it is very difficult to cope with the situation."
Last Tuesday, Magistrate E La Grange sentenced all three accused to life imprisonment for murder and robbery with aggravating circumstances.
Mngoma was sentenced to a further 30 years for two counts of possession of an unlicensed firearm and a further two counts for possession of ammunition. The sentence will run concurrently.
Following the sentencing, Afrasyab Kayani told POST he was glad the accused had been jailed. He said his family, especially their father, was struggling to get over the death of his first-born son.
"Sohrab had a special bond with our parents, but more so with our father in Pakistan, especially after our mother passed away a few years ago. To date, my father grieves for him and has not come to terms with his son being murdered."
He said his brother arrived in South Africa four years ago for a better life for him and his family. "We all had high hopes for our future."
Afrasyab Kayani said his sibling's wife and daughters, aged 8 and 6, lived in Pakistan and that his sibling transferred money to them every month.
He said his brother was trying to make enough money to bring his family to South Africa, but instead, his brother had returned to Pakistan in a body bag.
"He was an innocent person with no enemies. All we both ever did was work, go home and sleep."
Afrasyab Kayani said he no longer felt safe in South Africa, but he had to work in the country to earn a living.
"I have to support my wife and children in South Africa, and I still have to support my father and my brother's family. All the burden has been placed on my shoulders. I have no choice but to work."
He thanked the prosecution team and investigating officer, Sergeant TM Mthethwa, for a job well done.
"The way in which the investigating officer and prosecutor handled the matter was incredibly professional. The prosecutor was sympathetic to our case and tried her best to relieve our pain. Due to their hard work, we received justice."
The Post
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