CAPE TOWN – A scholar transport driver has been sentenced to five years’ direct imprisonment and banned from driving for 10 years after six learners died in a horrific crash in Mitchells Plain.
The Mitchells Regional Court convicted Mninikhaya Mvuli on six counts of culpable homicide after he drove a bakkie carrying learners while suffering from a medical condition that prohibited him from being behind the wheel.
The incident occurred when Mvuli’s vehicle, travelling at 101km/h, hit a tree, a set of traffic lights, mounted a traffic island and collided with a bus before coming to a standstill. Six learners aged between seven and 14 died in the crash.
The court heard that doctors had diagnosed Mvuli with seizures in 2022 and prescribed medication. He was explicitly prohibited from driving, but continued to transport children to school.
Mvuli initially pleaded guilty to all charges under Section 112(2) of the Criminal Procedure Act. However, the court entered a plea of not guilty after questioning him, as it was not satisfied that he fully admitted negligence regarding the speed at which he was travelling or how he was driving.
In his plea, Mvuli claimed he lost consciousness while driving and only realised he had caused an accident when he regained consciousness and found himself in police custody.
Prosecutor Rudolph Stephan Olivier presented evidence from eight witnesses, along with mechanical investigation reports, crash scene analysis, tracker data showing the vehicle’s speed, medical notes, postmortem reports and a blood alcohol report.
Witnesses testified that learners were flung from the speeding vehicle as it careered out of control during morning peak traffic, crossing into oncoming lanes before the final collision.
A medical doctor told the court that on 20 June 2024, Mvuli had consulted him for a medical examination required for a professional driver’s permit, but he refused to clear him as he was still suffering from probable seizures.
The doctor testified that epilepsy can occur at any time without warning, and that persons suffering from the condition are advised not to drive, even with medication, as the possibility of seizures remains.
Olivier argued that Mvuli had shown wanton negligence by willfully ignoring medical warnings and transporting children in an extremely unsafe manner. The learners were seated on loose benches at the rear of the vehicle with only a canopy for protection.
Mvuli denied using any medication.
The court convicted Mvuli and sentenced him to nine years’ direct imprisonment, with four years suspended for five years on condition that he is not convicted of culpable homicide involving a motor vehicle during that period. He was also declared unfit to possess a firearm and prohibited from driving until 2036.
Two victim impact statements from mothers of the deceased were submitted before sentencing, showing the grief and anger of the families.
Western Cape director of public prosecutions, Adv Nicolette Bell, welcomed the sentence and urged scholar transport drivers to take extra precautions when transporting children.
“The NPA will vigorously prosecute any driver who acts negligently, putting the lives of the most vulnerable at risk,” she said.
