Durban — Three years after handing himself over to police, taxi driver Siboniso Bethell Zwane, whose taxi ploughed into a group of Newlands East schoolgirls, killing three of them, is expecting to be sentenced in the coming weeks.
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 a pavement at the intersection of Dumisani Makhaye Drive and Inanda Road.
Zwane fled the scene and handed himself over to police as angry community members blockaded the main road in Newlands East demanding the identity of the driver from passing taxis.
In the Ntuzuma Magistrate’s Court on Wednesday, Zwane, who had been on R3 000 bail, with conditions attached, emerged from the grids after his conviction over a month ago on three counts of culpable homicide.
Proceedings leading up to Zwane’s expected sentencing began with a report submitted by probation officer M Mhlongo, which recommended a custodial sentence, which his defence counsel, Nkanyiso Maphumulo, asked Mhlongo about while he was on the stand.
He asked Mhlongo whether this was his only option when it came to the recommendation, especially taking into consideration that Zwane had young children and was a breadwinner. In mitigation of sentence, Maphumulo said while his client had pleaded not guilty, he wanted to point out that the accused had not disputed the incident.
“I invite the court when imposing a sentence to consider that it has been seen during the evidence of the accused that he is remorseful.”
Maphumulo urged the court to also remember the words of the accused during cross-examination, when he said he also had children and would not have woken up that morning with the intention to cause an accident.
“There is no doubt that he has been rehabilitated without being incarcerated. It will not be against the interest of justice if the accused is handed a non-custodial sentence. The taxi association that the accused belongs to went to the families of the deceased and donated money towards the funerals,” Maphumulo said.
In aggravation of sentence, State prosecutor M Maduray-Frank said that as far as the State knew, the families had only received funds from the Road Accident Fund, and not from the taxi association. She also said the probation officer’s report pointed out that Zwane was not close to his three children, by different women, as he only “visited one of them once a year, in January or December”.
She also added that the report said Zwane was not fully supporting his children, because they also lived off child support grants.
Magistrate H Sevlall instructed Zwane to ensure that when he returned to court he had his driver’s licence and professional driving permit.
Daily News