Mitchells Plain driver sentenced to five years for culpable homicide after six children die
Mitchells Plain scholar transport driver Mninikhaya Mvuli was sentenced to an effective five years in prison after six learners died in a crash.
Image: File
A scholar transport driver has been sentenced to an effective five years’ direct imprisonment after six children died in a crash in Mitchells Plain.
The Mitchells Plain Regional Court convicted Mninikhaya Mvuli on six counts of culpable homicide after he lost control of a bakkie transporting learners to various schools in the area. The vehicle struck a tree and traffic lights, crossed into oncoming lanes, collided with a bus, mounted a traffic island and eventually came to a standstill. Six learners, aged between 7 and 14, died.
According to National Prosecuting Authority (NPA) Western Cape spokesperson Eric Ntabazalila, the accused initially pleaded guilty in terms of Section 112(2) of the Criminal Procedure Act. However, after questioning him, the court entered a plea of not guilty in terms of Section 113, finding that he had not fully admitted negligence, particularly regarding the speed at which he was travelling and how he was driving.
“The court agreed with the State that the accused was grossly negligent in his conduct,” Ntabazalila said.
The court heard that doctors had diagnosed Mvuli with seizures in 2022 and prescribed medication. He was prohibited from driving. On 20 June 2024, medical practitioner Dr Ngamlana refused to clear him for a Professional Driver’s Permit, testifying that epilepsy can occur without warning and that people suffering from the condition are not advised to drive, especially professionally.
State prosecutor Rudolph Stephan Olivier led eight witnesses and submitted mechanical and crash investigation reports, tracker data, medical records, postmortem reports and a blood alcohol report. Tracker evidence showed the vehicle was travelling at 101km/h at the time of the crash.
Witnesses testified that learners were flung from the vehicle as it veered across lanes before colliding with roadside infrastructure and a bus. The State argued that the accused acted with wanton negligence by driving despite medical warnings and by transporting children on loose benches at the rear of the vehicle with only a canopy for protection.
The court took the six counts together for sentencing and imposed nine years’ direct imprisonment, with four years suspended for five years on condition that he is not convicted of culpable homicide arising from a motor vehicle during the suspension period. He was declared unfit to possess a firearm and banned from driving until 2036.
Western Cape Director of Public Prosecutions Adv Nicolette Bell welcomed the sentence and urged scholar transport drivers to exercise extreme caution when transporting children.
Ntabazalila said the NPA would “vigorously prosecute any driver who acts negligently, putting the lives of the most vulnerable at risk.”
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