The owner of the truck that ploughed into several vehicles on Field’s Hill killing 24 people, is applying to have the charges against him withdrawn.
|||Durban - The owner of the truck that ploughed into several vehicles on Field’s Hill killing 24 people three years ago, is applying to have the charges against him withdrawn.
Sagekal Logistics owner, Gregory Govender, appeared briefly in the Verulam Magistrate’s Court on Monday.
The matter was adjourned until next month for Govender to make representations to the Director of Public Prosecutions in KwaZulu-Natal.
Outside court, the Daily News asked Govender’s attorney, Theasen Pillay, what this meant. He explained that it would be an application to have the charges withdrawn against his client.
Govender’s transport company and Govender, as sole member of his close corporation, stand accused of contravening sections of the National Road Traffic Act for operating an unroadworthy truck and trailer as well as not conducting the business operation with due care to the public’s safety.
Both accused also face a charge for contravening the Immigration Act by employing an illegal foreigner.
According to the preamble to the charge sheet, Sagekal was registered on September 18, 2009.
Govender utilised the close corporation to conduct a road freight transport business from Premier Place in Phoenix Industrial Park. It employed drivers, mechanics and controllers.
“As sole member of the close corporation, (Govender) had exclusive and executive control of the business operation. (He) delegated the maintenance and repair of his truck tractors and trailers to his staff. The mechanics employed by the accused were unqualified and had no formal mechanical training,” the preamble read.
It also stated that Sanele May, a Swazi national illegally present in the country, had applied for and was given employment on September 2 as a heavy duty truck driver by a Sagekal employee.
The State alleged the accused made no effort to establish if May was legally in the country and eligible for employment.
On the same date, May was dispatched from the Sagekal premises with a Volvo truck and trailer.
May was tasked with collecting a load from the Durban Harbour container depot, conveying it to Johannesburg and collecting a load from there and transporting it to the Durban Harbour.
On September 5, the truck careered down Field’s Hill. May took the off-ramp from the M13 to Old Main Road in Pinetown and, going through a red traffic light, crashed into cars and taxis which were passing through the intersection, killing 24 people.
The State obtained reports which indicated that the vehicle was unroadworthy.
At Govender’s first court appearance earlier this year, the State had to provide further particulars to the defence and Pillay had said there was a high court application, by a third party, to liquidate Sagekal Logistics.
He also said he would provide these court papers to State advocate Denardo MacDonald.
Reacting to Monday’s court proceedings, Peach Piche, of the Sanele May Support Group, said they felt it was quite disappointing that Govender was applying to have the charges against him withdrawn.
“It’s only fair that he be held accountable. Twenty-four people lost their lives. We’re not being vindictive. We just want to see justice done for the people who died and for their families.
“This would now set a precedent for other owners of unroadworthy trucks in the future. I don’t think it’s right,” she said.
May is currently serving his 10-year sentence at Umzinto Prison. According to his Facebook supporters’ page, he is expected to begin his matric studies next year and is part of the prison soccer team.
He had entered into a plea and sentence agreement with the State in November 2014.
He pleaded guilty to 24 counts of culpable homicide as well as charges of fraud, entering South Africa illegally, being in possession of fake driving licences, operating a vehicle without a valid professional driving permit and failing to comply with a road traffic sign.
noelene.barbeau@inl.co.za
@noeleneb
Daily News