Two men convicted of MUT lecturer Shan Dwarika's murder
Two suspects linked to the murder of Mangosuthu University of Technology lecturer Chanlall "Shan" Dwarika were found guilty in the Durban high court on Wednesday.
Kwanele Makhaye, 29, and Thobani Mhlongo, 23, were convicted of robbery, kidnapping and murder, while Siyabonga Freeman Mahaye, 35, was convicted of kidnapping and robbery.
A fourth man, Sihle Mkhize, was acquitted on all charges.
Dwarika, 63, was kidnapped on May 28 in 2023 and later found dead. His body, according to police spokesperson Col Robert Neshiunda, was found in Mafuya Road in Inanda six days later.
According to the indictment, Dwarika owned a property in Sea Cow Lake while he lived on another property in Verulam, north of Durban. Dwarika was renovating the Sea Cow Lake property as he intended to sell it to a tenant, identified as Pastor Miya. However, renovations were marred by the continued theft of materials.
Presiding judge Khosi Hadebe said the accused had an insatiable appetite for money and saw Dwarika as a cash cow. She said Dwarika had provided the accused with a “sophisticated abode”, according to Mahaye. After Mahaye had got hold of Dwarika's bank card, she was satisfied the goal was to extort money from him.
Hadebe said the court had found Mkhize's evidence sincere. She said even though his level of education could not be established in court, his work supervisor who testified had given an impression of someone who was dependable. His actions assisted police and he “could not sacrificed at the alter of punishment”.
“He had just witnessed the most gruesome and barbaric of murders,” she said.
Senior prosecutor Krishen Shah asked the court to convict Mkhize on dolus eventualis — to act with no intention but aware of possible harm — as he made no effort to dissociate himself from the offences.
Hadebe said according to the state Mkhize had sat passively when Dwarika was taken hostage — but despite his inaction, the court noted how Mkhize had exhibited pain when he presented his evidence.
“The impression the state got from Mkhize was how he sought to downplay the robbery and the kidnapping and he sat passively,” said Hadebe.
Dwarika’s family observed proceedings from the gallery.
The matter continues.