The Pongola High Court convicted Sibusiso Siyaya on 20 counts of murder as well as reckless and negligent driving and failure to perform the duties of a driver after an accident.
Truck driver Sibusiso Siyaya was sentenced to 20 years’ jail on Thursday for the 2022 accident that resulted in the death of 20 people, including 18 schoolchildren, in Pongola, northern KwaZulu-Natal.
The Pongola High Court convicted Siyaya on Tuesday on 20 counts of murder as well as reckless and negligent driving and failure to perform the duties of a driver after an accident.
Siyaya was employed as a heavy motor vehicle driver for a company that transported coal from Mpumalanga to the Richards Bay Coal Terminal.
When the trial began in April, Siyaya pleaded not guilty to the charges, which changed from culpable homicide to murder.
In court on Tuesday it was revealed that Siyaya fled the scene shirtless with his female passenger and failed to assist the injured who were scattered across the scene.
It was also revealed that the accused placed tape over the internal camera in the truck and that GPS tracking and dashcam evidence enabled the State to lead detailed evidence of the speed of his journey and the control he had over the vehicle.
A year after the accident, the then minister of transport, Fikile Mbalula, released a report of an investigation conducted by the Road Traffic Management Corporation into the accident.
The report found that the driver of the truck overtook multiple vehicles in a dangerous and unlawful manner.
Mbalula said: “This driver recklessly overtook vehicles and drove in the oncoming lane for approximately 1.2km. Vehicles had to swerve out of the way of the approaching truck. The driver never made any attempt to return to his correct lane but continued driving against oncoming traffic, putting the lives of other motorists at risk.”
Mbalula said the report, which was presented to the Director of Public Prosecutions and the Senior Public Prosecutor for their consideration, found that driver error had been the major contributing factor to the root cause of the crash.
Nonhlanhla Ntshangase, who lost three children in the accident, said she was pleased with the sentence.
“The court did well and set an example with him so that drivers will learn to respect the road.”
Mbali Ndlangamandla, who lost her son in the accident, said she was still hurt by the death of her son.
“It does not matter how many years the driver gets in prison, it will never bring back my son.”
Ward councillor Sipho Xulu said Siyaya was not supposed to be behind the wheel as he welcomed the conviction and the sentence.
National Prosecuting Authority regional spokesperson Natasha Ramkisson-Kara said the NPA welcomed the sentence.
The Mercury
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