Minister of Transport’s statement regarding the outcome of the drunk driving court case in KwaZulu-Natal
The Minister of Transport, Ms Dipuo Peter, is perturbed by the outcome of the drunk driver court case as handed down yesterday, 05 April 2016, by the Pietermaritzburg Magistrate’s Court and out-rightly rejects any attempts to grant the accused the leave to appeal and his intention to bring a formal bail application.
The outcome of this case reflects the amount of work that still needs to be done to induce the seriousness of road safety within our criminal law and the related traffic management acts.
From the evidence presented in court, it is the Minister’s firm view that without any doubt, the accused committed an act of murder, the natural consequences of which are dangerous to life. “The accused, deliberately performed this act knowingly that his conduct endangers the life of another and acted consciously disregarding life.
A murder conviction should have been imposed in this instance and a harsh sentence including imposition of a life sentence should have been considered”, said the Minister. The offender was heavily intoxicated and driving very recklessly, the most extreme.
It is the Minister’s view that the driver had special knowledge or appreciation of the dangers of drunk driving. In the R v Huebsch 1953 (2) SA 561 (AD) where it was held that: "The intention to kill is not restricted to a positive wish to bring about death of the person 2 attacked.
If one person commits an act upon another, knowing that this act is likely to cause death but is reckless whether death results or not he is held in law to intend to kill”, pointed Minister Peters.
Although the ignorance of the law is not a valid excuse under the law, government will continue its efforts to inform and educate the public regarding road safety. The Department of Transport will stop at nothing to ensure that road safety is upheld and is every citizen’s responsibility.
Minister Peters calls upon all law enforcement agencies, the Courts and the citizens of South Africa to continue their collaboration in making sure that South African roads are safe to be used by all.
This collaboration can also be enhanced by the contribution to the National Road Safety Strategy that the Department of Transport is championing. Minister Peters thanks the family and friends of the deceased for their patience and belief in the rule of law and the state organs, the Investigating officers, the courts and the public who contributed towards the outcome of this case. Ends
Enquiries:
Ishmael Mnisi
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