Graffiti kingpin owns up
29 July 2010, 11:46
One of Durban's most prolific graffiti artists on Wednesday pleaded guilty to a criminal charge of malicious damage to property, admitting that he defaced dozens of public buildings, walls, electrical boxes and bridges over eight months.
Unemployed 28-year-old Phillip Botha, of Glenwood, who used the personal tag "2Kil", hopes to avoid jail or a stiff fine because he says he has rehabilitated and is now using his artistic talents constructively.
Botha - who was said to be the kingpin of a graffiti tagging crew using the tags "OTC" and "1,2!" - handed himself over to police in January this year.
He was initially charged with about 800 counts of malicious damage to property following an investigation by private investigators hired by the eThekwini municipality.
On Wednesday he pleaded guilty to one charge, admitting that he had defaced public property on a number of occasions between April 2007 and February 2009.
He said he accepted full responsibility for his actions.
His attorney, Abdul Karrim, pointed out that the charge related to events that happened two years ago and said that Botha, who has a diploma in art and design, had engaged in community work since then, including working at St Martin's Children's Home and with the Wentworth Art Council.
"He has also been assisting with art forums at disadvantaged schools and has done murals and paintings at a children's home in Umlazi.
"He is also offering, as part of his sentence, to clean up whatever tagging is left on public buildings... he will labour physically to do this," he said."He is also willing to help the police in investigating other cases similar to this."
Karrim said a wholly suspended sentence would be appropriate in the circumstances.
However, prosecutor Thuthukani Zungu said it was costing the city hundreds of thousands of rands to clean up graffiti - money which could be much better used.
In addition, the city had also had to hire a private investigator to get to the bottom of who was defacing buildings.
"He is old enough and educated enough to know better. His parents must be very embarrassed that he did not use his education fruitfully, but for criminal activities. The sentence must serve as a lesson to others that this will not be tolerated," he said.
Magistrate P Shoba adjourned the matter to September for social workers' and probation officers' reports to be presented in court.
Unemployed 28-year-old Phillip Botha, of Glenwood, who used the personal tag "2Kil", hopes to avoid jail or a stiff fine because he says he has rehabilitated and is now using his artistic talents constructively.
Botha - who was said to be the kingpin of a graffiti tagging crew using the tags "OTC" and "1,2!" - handed himself over to police in January this year.
He was initially charged with about 800 counts of malicious damage to property following an investigation by private investigators hired by the eThekwini municipality.
On Wednesday he pleaded guilty to one charge, admitting that he had defaced public property on a number of occasions between April 2007 and February 2009.
He said he accepted full responsibility for his actions.
His attorney, Abdul Karrim, pointed out that the charge related to events that happened two years ago and said that Botha, who has a diploma in art and design, had engaged in community work since then, including working at St Martin's Children's Home and with the Wentworth Art Council.
"He has also been assisting with art forums at disadvantaged schools and has done murals and paintings at a children's home in Umlazi.
"He is also offering, as part of his sentence, to clean up whatever tagging is left on public buildings... he will labour physically to do this," he said."He is also willing to help the police in investigating other cases similar to this."
Karrim said a wholly suspended sentence would be appropriate in the circumstances.
However, prosecutor Thuthukani Zungu said it was costing the city hundreds of thousands of rands to clean up graffiti - money which could be much better used.
In addition, the city had also had to hire a private investigator to get to the bottom of who was defacing buildings.
"He is old enough and educated enough to know better. His parents must be very embarrassed that he did not use his education fruitfully, but for criminal activities. The sentence must serve as a lesson to others that this will not be tolerated," he said.
Magistrate P Shoba adjourned the matter to September for social workers' and probation officers' reports to be presented in court.
- This article was originally published on page 3 of The Mercury on July 29, 2010
