Wheels of justice turning too slowly for loved ones

Janine Hopkins, of Kempton Park, and Frans Duys, of Boksburg, died on November 30 after they were knocked off their bicycles by a taxi on the corner of Isando and Electron roads, Kempton Park at 6.05am, while enjoying a routine early morning Saturday cycle.

It has been three months since a devastating accident claimed the lives of two popular East Rand cyclists.

Their deaths have ripped the cycling community apart, and their families and friends are still seeking answers from the SAPS and EMPD, and are also driving a national safety campaign to make the roads safer for cyclists.

Hopkins’ life partner, Dawn Burnett, of Benoni, said she hasn’t heard anything from the Kempton Park Police since the accident.

“I had to call almost everyone at the station to finally get hold of the investigating officer, who then told me they are still investigating.

“This is the only answer I get.

“How can they still be investigating when there is a photo of the driver on his driver’s licence, and of the taxi’s number plates?

“I feel like everything is being brushed under the carpet, and both my love (Hopkins) and Frans deserve better than this.”

Burnett said according to eyewitnesses, the driver was never arrested, or taken in for questioning.

“When I asked the investigating officer about the driver, he said he has been fined, and I asked for what and how much, but they refused to answer my questions.”

Burnett added that according to eyewitness reports, the taxi driver was told by EMPD officers that he could leave the scene.

“He removed the taxi’s licence plates after talking to EMPD offices on the scene, got back into the taxi, kicked the windscreen out and drove off.

“Four EMPD officers watched him leave in the vehicle which caused the accident,” she said.

“According to South African law you should be 18 years or older to hold a PrDP (Professional driving permit) for a goods vehicle, you should be 21 years or older to hold a PrDP for a passenger vehicle and you should be 25 years or older to hold a PrDP for a dangerous goods vehicle.

“The driver of the taxi, according to his driver’s licence, is only 19 years old, which leads to the question, why wasn’t he arrested on the scene?”

The way the accident was handled has infuriated the families and the cycling community.

Body

According to eyewitnesses, Hopkins was left in the middle of the road for hours, no tape was put up and the road was not closed to traffic.

Duys was taken in an ambulance to the nearest hospital, but succumbed to his injuries before arrival.

Burnett said she was disgusted with the way things were handled, as she sat next to her fiancés body just to protect her from the car’s passing.

“The officers told me to get out of the road but I told them I won’t until they move her and if she gets squashed so do I, and they left it at that.

“All that was put out on the road was one traffic cone, no tape. We even had to move Janine’s body, and when trying to do this the silver blanket cover tore.

“They didn’t have another one and didn’t assist us in any way with finding one, so I had to use a baby blanket that belonged to my son just to cover her again.”

The cycling community knew Duys as the most pedantic when it came to safety, they would all know when it would be safe to cross a road by Duys’ whistle.

The cyclists remained on the inside of the yellow line and do this at all times when riding, they travel in single file lines, all wear reflective gear and have a light on the back of their bikes as well as on the front.

“Everyone who knew and loved them, who cycled with them, has stopped cycling, everyone is too scared to do what they love because the streets aren’t safe for cyclists, said Glynnis Hall, a cyclist herself, and close friend of the deceased.

Fighting

“Ever since the accident, we have friends and family members begging us not to ride anymore, everyone is scared and I don’t blame them.

“Why must we give up what we love when we follow all the rules of cycling, but others don’t follow the rules of driving. We all drive too, and own vehicles, we should be allowed to use the road and feel safe when we do,” said Allouette Mendes, a friend of Brunett.

After speaking with cyclists from the community, it has been made known that accidents involving cyclists have grown drastically.

Many of them have been involved in accidents themselves, or have had family members affected, leaving some paralysed from the neck down, or severe scarring to remind them every day of the awful event that took place prior.

“It’s enough. The love of my life is gone, I wake up every morning to no one because of this, and if anyone thinks I am going to stop fighting, I won’t.

“This is about all of us, and the safety of all of us, how many more cyclists need to die before something is done about this.

“I will keep fighting until things change, or safety precautions have been put into place,” said Brunett.

Hopkins had been in an accident before this one in 2006, also involving a taxi, that left her a fraction from being paralysed, where she suffered neck and head injuries.

This left Hopkins safety conscious on the road, which is what made her death even more painful, and so hard for the community.

Frans Duys in one of his stores that he was known for – big smiles for the world to see.

“We are so frustrated with the lack of feedback from the police; I will take this further if they don’t assist with justice,” said Brunett.

Campaign

A few memorial rides were held on behalf of Hopkins and Duys where cyclists took to the streets in the 100s to ride for them regardless of the poor weather conditions.

“We approached the EMPD again, but this time for help in protecting the cyclists during the memorial rides. We were informed that not only is it too short a notice, but we would need to pay each officer per hour as well as per police vehicle they use,” said Brunett.

“We couldn’t believe it when we heard it, but luckily we eventually got help from private security companies and CMS who were more than happy to assist free of charge.

“The campaign committee of cyclists is being formed, and is embarking on a nationwide campaign which involves lawyers, friends, family and anyone who would like to help drive the cause.

“The cause is to raise awareness of cyclists on the road, safety for cyclists, respect for each other and consideration for each other in terms of drivers and cyclists on the road,” said Burnett

“Frans and Janine’s deaths are driving the cause here in South Africa, which originated in the UK called ‘Stop killing our cyclists’. We want the roads to be safer for cyclists, how many more of us need to die for changes to be made?

Dawn Brunett and Ria Duys standing with a photo of their lost loved ones.

“My aim is to get as many taxi’s branded as soon as possible by the end of this year, and to have commitment from the government and taxi association, among others, to help us keep the roads safe and to bring those who don’t keep the road safe to justice, with harsher sentences,” said Mendes.

The cycling committee will also be registering and launching a foundation called The Silver Fox Foundation.

“Janine and Frans were known as the Silver Fox and Silver Ox,” Burnett explained.

“This foundation will drive an annual cycle race that they want to organise on the anniversary of their deaths.

“The race to be be called the Silver Fox Classic is a 111.1km ride in their honour. The first race is planned for November 29.

“The foundation will also be to raise awareness for the cyclists in general, and to support families that have lost loved ones too,” said Brunett.

Duys and Hopkins were so loved throughout the East Rand, it will be a loss that is never forgotten.

“Their deaths have ripped the cycling community apart. I miss my love every day, and I am going to miss her every day, this is all for her and Frans, they deserve so much more,” said Burnett.

“Something needs to be done,” said Hall

“We are good people, and so were Janine and Frans, we are tired of keeping quiet.”

Response

The City Times approached the EMPD for comment on the allegations made by eyewitnesses, such as the driver being too young to have a PrDP licence, the driver leaving the scene with the vehicle that was involved in the accident, and the driver not being arrested, or brought in for questioning.

EMPD spokesperson Kobeli Mokheseng said: “We send our heartfelt condolences to family, friends, colleagues and loved ones of the deceased pair.

“I can confirm we responded to the fatal accident involving cyclists and a minibus taxi, which occurred at 6:05am on the corner of Isando and Electron roads, Kempton Park, on Saturday, November 30, 2019. We shall forward the media enquiry to the regional director and as soon as we receive answers, we will respond.”

Kempton Park SAPS spokesperson Capt Jethro Mtshali said: “Our deepest condolences to the families of both the victims.

“We understand that they request justice to prevail, and that the responsible person be held to account. We can confirm that the investigation is near completion as statements and postmortem reports are outstanding. It is unfortunate that we cannot divulge the entire content of our investigation to the media as that might jeopardise our investigation.

“The scene was attended by the EMPD who will be in a position to respond to other matters. I believe they did their best to act according to the law by issuing a fine to the driver for not being in possession of the PDP.

“The investigating officer is constantly in contact with Miss Burnett regarding the progress of the investigation. We would like the families of the victims to kindly be patient with the investigation as it can take a while to conclude. Once completed, the matter will be referred back to the National Prosecuting Authority for a decision.”

Burnett expressed her emotions in a Facebook post after the accident, which read:

“My love, my life, my everything. I am empty without you. How am I going to do this alone?

“You broke the rules my beautiful love, you weren’t allowed to leave so soon.

“I am devastated, RIP my darling, I love you.

A morning ride.

“My Frankie, my friend, you had the biggest heart and so much love to give.

“Gone too soon, and it hurts so bad.

“RIP my Frankie, look after my angel up there with you.

“We all love you.”

Caxton Radio interview

Stream Caxton Radio via www.benonicitytimes.co.za on March 6 at 12.30pm for an interview with Dawn Brunett and Allouette Mendes regarding cyclist safety and other issues.

“There have been plenty injuries and deaths because there are no consequences for drivers who take out cyclists. This will be discussed on air as well as our campaign,” said Brunett.

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