Durban — Minibus taxi driver Siboniso Bethell Zwane has begun serving his eight-year sentence after he was found guilty of colliding with three schoolchildren on Dumisani Makhaye Drive near Newlands East in March 2019.
Zwane was handed eight years imprisonment for three culpable homicide counts and reckless and negligent driving in the Ntuzuma Magistrate’s Court on Tuesday. His driving licence was suspended for six months.
Ayanda Mtshali‚ Thima Ngiba‚ both 14‚ and 13-year-old Luyanda Ngubane were on their way to school with other children when Zwane’s taxi hit them while they were standing on the pavement at the intersection of Dumisani Makhaye Drive and Inanda Road. They died at the scene.
Zwane fled the scene and handed himself over to police while angry community members blockaded the intersection leading to KwaMashu, Pinetown and Newlands East, demanding the identity of the driver from passing taxis. Zwane appeared in court and was released on R3 000 bail. However, Zwane was convicted in May and has been in custody since.
Magistrate H Sevlall said Zwane was convicted of four counts.
“All counts resulted from one act, from reckless driving,” Sevlall said.
Last month, in mitigation of sentence, Zwane’s attorney Nkanyiso Maphumulo implored the court for a non-custodial sentence.
However, with regards to the sentence, Sevlall said that a sentence of imprisonment was the only appropriate one, adding that he had taken a lot of time in reaching his decision.
He said that the court had taken all considerations in respect of the case into account, including its seriousness, prevalence, as well as Zwane’s personal circumstances.
“A motor vehicle has been said to be a weapon on the road. When driving, it must be done so in a reasonable manner. In this case, you were driving with such disregard for the rules of the road, exceeding the speed limit. You entered an intersection against a robot, your speeding taxi crashed into learners. All your actions amount to negligence. The sentence must be a deterrent to others,” Sevlall said.
Last month, in aggravation of sentence, State prosecutor Melishree Maduray-Frank took the court through an online survey on minibus taxis, compiled by Arrive Alive. She said the survey found that taxi crashes amounted to double the country’s road crashes.
Sevlall said that he did not weigh his sentence on this report as it was not really verified. Sevlall said the impact of the collision is evident in the photo album. He said minibus taxis play a vital role in providing a service, generally to poorer communities.
“As a taxi driver, you have to have a PDP and, as such, you are considered a professional driver. The way you drove your taxi is not how you should on public roads.”
Sevlall said the purpose of the sentence was also for transformation and rehabilitation, and the court had also taken into consideration Zwane had two children.
Daily News