Durban - In a bid to have the court consider a non-custodial sentence for the taxi driver found guilty of three culpable homicides, his defence described Siboniso Bethell Zwane as a decent human being “who happened to be unfortunate on the day of the incident”.
Zwane’s taxi ploughed into a group of Newlands East schoolgirls, killing three of them, Ayanda Mtshali‚ Thima Ngiba‚ both 14‚ and 13-year-old Luyanda Ngubane.
On Tuesday, Zwane was clad in a blue suit and tie, wearing a Shembe necklace, and had his family in the auditorium of the courtroom, at the Ntuzuma Magistrate’s Court.
“We understand and appreciate that the court ruled that the sole negligence of the accused caused the accident …The court has been faced with a case where evidence has been led and the facts of the case presented. All of us, as human beings, as drivers – these are things we see on the roads, drivers not adhering to the rules of the road,” said his defence attorney Nkanyiso Maphumulo.
“I ask that the court considers a non-custodial sentence. I submit that his incarceration will not benefit anyone involved in the case. As much as I have gone through the probation officer’s report, I realise the victim’s families were visited ... He caused pain, however, the accused sent his apology to them. I ask the court to consider, once more, that the accused has been in prison for more than a month now,” said Maphumulo.
Maphumulo also pointed out to the court that the cause of Zwane’s crash had not been alcohol-related, as the record would reflect, and that having been in the taxi industry for more than eight years, with no run-in with the law, showed that Zwane was a law-abiding citizen.
Timeline:
- March 6, 2019: After 7am, the taxi ploughed into a group of Newlands East school girls, while they were standing on a pavement, at the intersection of Dumisani Makhaye Drive and Inanda Road.
- March 6, 2019: Zwane hands himself over to the police.
- March 9, 2019: Zwane appeared in the Ntuzuma Magistrate’s Court, facing three counts of culpable homicide, reckless and negligent driving or inconsiderate driving, where the matter was adjourned to March 13, 2019, for his bail application.
- March 13, 2019: Zwane was granted R3 000 bail, with some of his bail conditions including that he must not enter the district of Ntuzuma and should not interfere with the court witnesses.
- May 2022: Zwane was found guilty of the charges against him, and he has been in custody since.
- July 2022: Zwane is expected to be sentenced.
Daily News