Durban - One year later, zero sentenced and eight arrested on suspicion of incitement to violence.
That is the official statistics 12 months after the insurgency which left at least 354 people dead and decimated businesses across KwaZulu-Natal and parts of Gauteng.
Police Minister Bheki Cele yesterday said there were 86 more “people of interest” in the matter, some of them in government.
While police claim 50 convictions from thousands of cases, it is unclear whether anyone has faced jail time.
The charges under investigation included incitement to commit public violence, murder, attempted murder, arson, malicious damage to property, possession of suspected stolen property, damage to infrastructure, and culpable homicide.
Over an eight-day period - which started almost a year to the day, South Africans woke up to the news that citizens had gone rogue.
Trucks were set alight, roads became no-go zones and businesses were decimated, as people broke into buildings, stole goods and set stores alight.
Police stood by and watched; helpless and outnumbered.
Yesterday Cele, accompanied by Defence Minister Thandi Modise and others in the justice, crime prevention and security cluster (JCPS) said the pain and distress of that time was still fresh in the country’s collective memory.
They pledged not to allow such a tragedy to happen again.
“Working together with all South Africans, we are determined not to allow this tragic episode, which was characterised by widespread looting, wanton destruction of public and private infrastructure, as well as disruptions to economic activity, to repeat itself.
“We continue to strongly condemn the criminality that characterised this unrest,“ said Modise on behalf of the cluster.
They also urged South Africans to use social media responsibly given the huge role it played in inciting the unrest last year.
Modise said to date 3 300 cases had been finalised through non-prosecution, with some being withdrawn in or before reaching court.
Over 2 900 cases were closed as undetected or unfounded, while a number of dockets were referred to the Directors of Public Prosecutions (DPP) for a decision, further guidance and direction on the matter.
At least 2 435 cases are on the court roll with over 50 cases finalised with a guilty verdict, she said.
The KZN Director of Public Prosecutions Advocate Elaine Zungu told Independent on Saturday that: “The NPA’s strategy was that all murder dockets be sent to the High Court section, for guidance and possible prosecution in these cases.”
Zungu said as a result they received eight cases of which they declined to prosecute, two because of insufficient evidence.
One case was withdrawn because the only witness in the matter could not be traced.
She said three were indicted and would appear in the High Court while two others would appear in the Regional Court.
Zungu said the cases of two alleged instigators; Khetha Zuma - charged in relation to the burning of the Brookside Mall - and Bonginkosi Khanyile would appear in the Durban Regional Court.
Violence monitor Mary de Haas said it was shocking that a year later there were still so many unanswered questions.
In addition, the economic conditions in the country had worsened especially after the floods and conditions were ripe for another insurgency.
“It was definitely orchestrated. You couldn’t do all that in a short space of time.”
She said people in KZN and Gauteng had come prepared, ready to break through steel doors, dismantle CCTV cameras and with the proper transport to ferry away huge loads of stolen goods.
“The only way we can put an end to this is if we do something about the politicisation of the police,” said De Haas.
Margaret Hirsch, the owner of Hirsch’s, a chain of stores which sells furniture and household appliances in the Western Cape, Gauteng and KwaZulu-Natal said it was traumatising to watch 30 years of her life’s work destroyed in two hours.
She said they were warned to stay away from their business in Springfield Park, Durban, and watched from home how marauders stole and damaged their store before setting it alight.
“About ten thousand people came down the road… we have very heavy duty roller shutters in front of our glass doors. They smashed every window they could find.
They came quite prepared. They had people organising them (who were) wearing black uniforms and they had big AK-47s under their arms. They had torches that could cut through metal,” said Hirsch.
They lost stock worth millions and then decided to defend their other stores in Durban and rushed from one shop to another to ensure that the mob could not get in.
Nigel Ward, president of the Durban Chamber of Commerce and Industry, said billions were lost in the unrest.
Ward said: “The severe financial economic loss as a result of the unrest was truly shattering, close to billions worth of damage was caused.”
He said a survey conducted by the eThekwini Municipality with the Durban Chamber’s assistance revealed that there was R40bn in lost sales and stock, R15bn in damages to property, 16 000 businesses negatively impacted and at least 9 000 jobs put at risk.
Earlier this year an expert panel set up by President Cyril Ramaphosa to look into the violence confirmed that the unrest was closely linked to the imprisonment of former president Jacob Zuma.
At the time Zuma had been charged with contempt of court and just hours after he was taken into custody trucks were set alight on the N3 corridor between Durban and Mooi River. The panel also found that police were slow to respond, under-resourced and outnumbered.
During the unrest various communities set up roadblocks and used weapons and other goods to prevent looters and unknown people from entering the areas where they lived.
This sparked racial tensions in Phoenix, a previously Indian township outside Durban, where residents and security companies from the area were accused of racially profiling people and refusing entry to Africans.
Violent attacks ensued and an estimated 36 people were killed, resulting in politicians calling it the “Phoenix massacre”.
The South African Human Rights Commission then held hearings into the riots in KZN and Gauteng to hear from communities and experts on the ground.
Yesterday, the ministers said that to date 164 cases were investigated in Phoenix and 69 suspects arrested for various crimes.
Of these 36 suspects were arrested for their alleged roles in the murder of 35 people and 31 other suspects were arrested for attempted murder.
The Independent on Saturday