Durban — A truck driver wept as he was sentenced to five years imprisonment after causing the death of a father and his daughter on the N3 in February 2021.
Yandiswa Majikija, 30, appeared in the Pietermaritzburg Regional Court on Wednesday.
Majikija had pleaded guilty after Tony Richter, director of school operations at Hilton College, and his daughter Alice were killed.
The 59-year-old Richter had stopped on the N3 southbound, near Midmar Dam, to help his daughter, whose car had broken down while driving towards Durban.
Richter’s bakkie was parked behind Alice’s car, which was on the side of the road, when Majikija’s truck collided with the bakkie and the car.
The pair were standing between their two vehicles.
Richter died at the scene and Alice was rushed to hospital.
She underwent surgery but eventually succumbed to her injuries the following day.
Majikija was arrested on two culpable homicide charges.
In the plea document, he pleaded guilty to both charges.
Majikija said he was driving from Middelburg, Mpumalanga towards Durban at the time.
He said he had been driving for the whole day, and as a result, he lost concentration.
“Consequently, thereby causing the motor vehicle I was driving to move to the left and cross over the yellow-painted line where I collided into two stationary motor vehicles and two drivers who were standing in between the two stationary cars.
“I wish to state that I noticed before the collision, that the two motor vehicles that were stationary on those yellow-painted lines, their hazards warning lights were flashing and two people were standing in between those vehicles,“ said Majikija.
He said he tried to avoid colliding with them, but it was too late.
“The motor vehicle collided into both drivers who were pushed into the rear bumper of the vehicle that was in front of them.
“Consequently, both drivers were flung forward to the left, down the embankment due to the impact.
“After that collision, I managed to control my truck and eventually it stopped, and I remained at the scene until I was arrested,” said Majikija.
Handing down the sentence, magistrate Bemal Jaynarayan said in such cases the court’s duty was to consider society’s expectations in such matters.
Jaynarayan said this was not limited to ensuring that the accused was fairly sentenced.
“We have to try and change their behaviour, teach them a lesson, lock them inside and prevent them from making the same mistakes again,” he said.
According to Jaynarayan, driving negligence resulting in a loss of life was a serious offence.
He said although Majikija was a first-time offender and had co-operated with the State without wasting its monies, it was, however, the State’s duty to ensure justice was served.
“The court has also considered the affidavit or letter that was submitted by the wife.
“Other critical determinations include the fact that Majikija drove recklessly…,” said Jaynarayan.
Majikija was sentenced to five years on each count, to run concurrently, and his driving licence was suspended for three years.
Daily News