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- Scholar transport driver convicted on six counts of culpable homicide after learners died in a high-speed crash in Mitchells Plain, the court finding he ignored medical advice and drove despite suffering seizures.
- The court imposed nine years imprisonment with four years suspended, resulting in an effective five-year direct term, and prohibited him from driving until 2036.
- Prosecutor argued the driver acted with wanton negligence, transporting children in unsafe conditions while medically unfit to drive, a submission the court accepted in full.
A school transport driver, Mninikhaya Mvuli, has been sentenced to five years in prison after a devastating accident claimed the lives of six young learners in Mitchells Plain. The court also banned him from driving for 10 years.
The tragic incident occurred when Mvuli, who was responsible for transporting children to various schools, lost control of his bakkie. The vehicle struck a tree, hit a set of traffic lights, mounted a traffic island, veered into oncoming traffic, and eventually collided with a bus before coming to a stop. The crash resulted in the deaths of six children, aged between 7 and 14.
Medical advice ignored
Mvuli’s case revealed that he had been diagnosed with seizures in 2022 and was advised by doctors not to drive. Despite this, he continued transporting children. During his court appearance, his defence admitted that a reasonable person with such a diagnosis would not have driven, and that Mvuli’s decision to do so was negligent. In his plea, Mvuli said he lost consciousness while driving and only realised what had happened when he was already in police custody, describing it as a blackout.
A doctor who examined him for a Professional Drivers Permit testified that he refused to certify Mvuli as fit to drive due to ongoing seizures. He explained to the court that epilepsy can strike without warning, and people with the condition are strongly advised not to drive, even if they are on medication. Mvuli, however, denied using any medication at the time of the accident.
The prosecution’s case
Prosecutor Rudolph Stephan Olivier presented evidence showing that Mvuli was driving at 101km an hour when the crash occurred. Witnesses described how the learners were thrown from the vehicle as it crashed into objects and came to a halt. Olivier argued that Mvuli’s actions constituted wanton negligence – a reckless disregard for the safety of others, despite knowing the risks associated with his medical condition.
The court also heard that the children were seated on loose benches in the back of the bakkie, with only a canopy for protection. This provided inadequate safety for the passengers, further highlighting the disregard for their well-being.
Conviction and sentencing
After considering all the evidence, the court found Mvuli grossly negligent and convicted him on six counts of culpable homicide. Before sentencing, the court heard from two mothers of the deceased, who shared the profound pain and anger they experienced as a result of the tragedy. Mvuli was sentenced to nine years’ imprisonment, with four years suspended for five years, and was declared unfit to possess a firearm. He is prohibited from driving until 2036.
The Western Cape Director of Public Prosecutions, Advocate Nicolette Bell, welcomed the sentence and urged all scholar transport drivers to take extra care when transporting children. She emphasised that the National Prosecuting Authority will not hesitate to prosecute drivers who endanger the lives of young passengers.
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