Mitchell’s Plain driver sentenced to five years for deadly crash that claimed six pupils
Mninikhaya Goodman Mvuli, driver of the children who died when the bakkie in which they were travelling rolled in AZ Berman Drive in Mitchell's Plain, appeared in the Mitchell's Plain Magistrate’s Court. Picture: Leon Lestrade/African News Agency (ANA)
Image: Leon Lestrade
A scholar transport driver has been sentenced to five years in prison for a devastating crash in Mitchell’s Plain that claimed the lives of six pupils.
Mninikhaya Mvuli, 58, was sentenced to an effective five years’ direct imprisonment and banned from driving for 10 years.
The Mitchell’s Plain Regional Court handed down the sentence in connection with the May 30, 2023 crash along AZ Berman Drive, opposite Liberty Promenade Mall in Mitchell's Plain.
The incident shocked the community when a bakkie transporting pupils to schools in the area crashed into a bus. Six pupils between the ages of seven and 14 died, and several others were injured.
National Prosecuting Authority spokesperson Eric Ntabazalila said Mvuli was convicted on six counts of culpable homicide after negligently driving the vehicle, which struck a tree and traffic lights, mounted a traffic island, and then collided with a bus before coming to a standstill.
Mvuli initially pleaded guilty to all charges in terms of Section 112(2) of the Criminal Procedure Act. However, after questioning him, the court recorded a plea of not guilty in terms of Section 113 as it was not satisfied that he had fully admitted to negligence, particularly regarding the speed at which he had been travelling, said Ntabazalila.
The court heard that the driver had been diagnosed with seizures in 2022 and prescribed medication. He had also been advised not to drive. According to evidence presented in court, a reasonable person diagnosed with seizures would not have driven a vehicle, and by doing so, the accused acted negligently, he said.
In his plea explanation, Mvuli said he lost consciousness while driving and only realised what had happened when police were already at the scene, describing the incident as similar to a blackout, said Ntabazalila.
During the trial, the State called eight witnesses and presented several reports, including mechanical and crash scene investigations, tracker data indicating the vehicle’s speed, medical records, post-mortem reports, and blood alcohol results, he said.
Evidence showed the vehicle was travelling at 101km per hour when the crash occurred during morning traffic. Pupils were seated on loose benches in the back of the bakkie with only a canopy for cover, said Mr Ntabazalila.
Before sentencing, the court heard victim impact statements from two mothers of the deceased children describing their grief, he said.
Western Cape Director of Public Prosecutions Advocate Nicolette Bell welcomed the outcome and urged scholar transport drivers to take greater care when transporting children, reminding them of the serious responsibility they carry and the need to prioritise safety at all times.
Linda Jones, from the Mitchell's United Residents Association (MURA) Victim Support, welcomed the court’s decision.
“We are happy for the outcome, but parents must ensure scholar drivers have the correct credentials,” she said.
Jones emphasised that children’s safety should always come first, noting the tragedy was particularly painful as parents initially trusted the driver. She warned that some scholars were still being transported in overloaded bakkies.
“We call on parents and traffic authorities to enforce the law,” Jones said.