The regional court at KwaDukuza. (Photo: Tania Heyns/Maroela Media)
The regional court in Mitchells Plain sentenced Mninikhaya Mvuli, a school transport driver, to five years in prison and suspended his driving license for 10 years after the death of six learners. The children were between seven and 14 years old.
Mvuli was found guilty on six counts of culpable homicide. He drove a van that transported learners to schools in the Mitchells Plain area. It collided with a tree and a traffic light, hit a curb and collided with a bus before the vehicle finally came to a stop.
The court heard that Mvuli started using prescribed medication in 2022, after a doctor found that he was having severe seizures. He had to use it at the time of the accident. Doctors also ordered him not to drive.
Mvuli pleaded not guilty, but the defense conceded that a reasonable person diagnosed with these types of accidents would not have driven. In doing so, Mvuli acted negligently. During his plea, Mvuli argued that he lost consciousness while driving. When he regained consciousness, he was in police custody. He realized that he had been involved in an accident and that he had lost consciousness.
A report indicated that Mvuli was driving at 101 km/h and the children were thrown from the fast moving vehicle during the collision.
The public prosecutor argued that Mvuli acted “recklessly and with an indifferent disregard for the safety of others” and that he deliberately ignored warnings about his health. He also transported learners on loose benches at the back of the vehicle.
Before sentencing, victim impact statements from two mothers were presented to the court, describing the “sadness and anger” of the families.
Adv. Nicolette Bell, director of public prosecutions in the Western Cape, welcomed the sentence and urged those who transport children to and from schools to “take extra precautions when transporting the most precious cargo, our children, to school.”