Independent Newspapers
Durban – A taxi driver escaped being found guilty of murdering 15 of his passengers in the Pietermaritzburg High Court on Tuesday, but was instead convicted of culpable homicide for “gross negligence” in causing their deaths.
Khululeka Bongani Gwala, 25, was also acquitted on four counts of attempted murder.
The charges arose from an accident in Dr Chota Motala Road in September 2011, when the taxi was on its way from Cramond, in the Midlands, to Pietermaritzburg.
Gwala crossed the solid barrier line and went on to the wrong side of the road when he knew it was unsafe. When he saw a truck coming towards him, he tried to avoid hitting it. The truck pushed the taxi backwards, off the road and down an embankment where the two vehicles came to a standstill.
Thirteen of the passengers died on impact. Two others died in hospital. Four were seriously injured.
Gwala maintained that the accident happened because the taxi’s brakes failed.
Acting Judge Piet Bezuidenhout rejected this. He said an expert witness testified that an inspection of the braking system indicated it had not failed.
Although the brake pads were “not the best”, they would have functioned properly had Gwala not been speeding.
“The vehicle was capable of stopping under normal driving.”
The braking system was fully operational. The judge said no criticism could be raised against the expert’s evidence and his opinion could be accepted.
The taxi owner, Nonhlanhla Mpulo, had testified that she bought the taxi, brand new, in 2007 and its holding capacity was 16, with the driver.
She had driven it herself the Sunday before the collision and the brakes had been fixed.
She added that Gwala was paid R100 a day. It was not a requirement that the taxi be full of passengers during each trip.
The judge said the evidence was that while other vehicles were in the slow-moving lanes, stuck in early morning traffic, Gwala crossed a double-barrier line at high speed, on a bend, and he could not see oncoming traffic.
“The evidence establishes he was driving recklessly, overtaking on double-barrier lines when it was unsafe to do so.”
There was also other evidence that throughout the journey, he had been driving recklessly and dangerously, disregarding traffic rules and not taking the safety of his passengers into consideration.
Judge Bezuidenhout said Gwala was not a good witness. He did not answer questions directly, or evaded questions.
Gwala, he said, had not reconciled himself with the possibility of his own death and those of his passengers.
“It can’t be found he had the necessary intent for a conviction on murder. The fact remains, he is grossly negligent.”
Sentencing is to take place on Thursday.
The Mercury
