‘Uncle Ash’ killing: 4 get life sentences

Logan Govender|Published

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The heartbroken family of slain bus operator Kemraj ‘Ash’ Balgobin have put the bad memories of the tragedy behind them.

Chandani Balgobin waited for her late husband’s one year ceremony to be over – as is customary with Hindus – before moving from Durban to the Pretoria home of her daughter Veronica and her husband, Sooraj Panday.

Kemraj was shot dead in January 2012 in an attempted hijacking in Avoca Hills while trying to protect the 10 disabled children in his bus.

The Durban High Court on Tuesday convicted the four accused – Sthembiso Mthetwa, Thobani Khwela, Sanele Mayisela and Njabulo Mthetwa of murder. They were sentenced to life imprisonment.

Judge Sharmaine Balton described Khwela as a pathetic witness who had tailored his evidence to suit him. Sthembiso was arrogant and evasive while his cousin Njabulo and Mayisela were unimpressive and dishonest, she said.

Panday, speaking from his Pretoria home, told POST that the scars of the senseless murder would remain with him, his wife, their son, Thrishul, 8, and his mother-in-law, for eternity.

“My mother-in-law is feeling much better these days. When my father-in-law was shot dead she was in bad shape,” he said.

“Thrishul knows that his grandfather was shot dead but he always asks for his nana. My father-in-law and mother-in-law were very close.”

He said his family had wished that the four killers would be jailed for a long time.

“My father-in-law worked for Republic Umbrellas as a manager for 35 years. Upon his retirement he bought an 18-seater Mercedes Sprinter bus.

“It was used to transport workers at Republic Umbrellas and the schoolchildren to the AM Moola Spes Nova School in Phoenix. He also transported devotees from the Hare Krishna Temple in Phoenix and members of senior citizens clubs for free,” he said.

“My father-in-law loved music and was one of the founding members of the band, Geeta Mala. Apart from leaving a void in our lives, the murder was also a huge loss to the community.”

Panday said he was unaware that the key State witness and her family had left Durban and settled in Pietermaritzburg because of alleged death threats.

“On behalf of my family, I want to express my gratitude to the woman for standing her ground and informing the court what transpired that tragic day. Her father and mother must be commended as well for not allowing (anyone) to sabotage the legal proceedings.

“It must have been traumatic for them to pack their possessions and relocate to Pietermaritzburg. When Veronica and I get a chance, we would like to say thank you to this wonderful family personally.”

Bravery of State witness

Despite allegedly receiving death threats to keep quiet, a brave young woman said she had testified in the trial of four men convicted this week of murdering well-liked bus operator Kemraj ‘Ash’ Balgobin “to get justice for Uncle Ash and his family”.

But the 20-year-old’s decision to take the stand in the Durban High Court earlier last year had come at a price – she and her family have had to relocate from Durban to Pietermaritzburg because of the alleged threats.

The woman, who is afflicted with a weak spine, was 17 when Balgobin, 57, was shot dead in January 2012.

POST is not naming her or her family, as this could impinge on their safety.

Balgobin, who worked for Republic Umbrellas before starting a transport business ferrying disabled children from their homes in Avoca Hills, Redhill, and Phoenix to the AM Moola Spes Nova School in Phoenix, was killed two days before his 58th birthday.

In an interview with POST, the woman said death threats had been levelled against her and her father. This was before the accused had been nabbed by detectives from the Provincial Task Team.

“The investigating officer, Warrant Officer Rajen Nagesur, and the State advocate, Cheryl Naidu, were fantastic. “They urged me not to be intimidated and to relay to the court what I saw that fateful day when I was the last passenger to jump into Uncle’s Ash’s bus,” she said.

“Two shots were fired and one struck Uncle Ash. Before the shots rang out, Uncle Ash had pleaded with the men who demanded his vehicle keys, cellphone and money not to hurt us.

“He was shot after he refused to hand over his keys to them. After his body slumped over the steering wheel I went over to him. I noticed blood and when I felt his body it was cold. I still have nightmares about the incident and senseless murder of Uncle Ash who treated us like we were his own children.”

Her father, a former telephone company employee who is currently unemployed, said he and his wife, a health worker, had taken the death threats seriously.

They were allegedly made by people linked indirectly to the case.

“I was warned that if I allowed my daughter to testify, me, my wife, daughter and son will suffer the same fate as Uncle Ash. That is why we relocated to Pietermaritzburg,” he said.

“Uncle Ash was like a father figure |to my daughter and the other children. My wife and I felt that our daughter had to testify against the thugs who killed |Uncle Ash. They are evil people and deserve to rot in jail for killing a gem of a person.”