THE owner of Sagekal Logistics, Gregory Govender, was sentenced to 30 months imprisonment or a fine of R25 000 at the Verulam Magistrate’s Court today.
Govender’s legal representative entered into a plea and sentence agreement on his behalf with the Director of Public Prosecution in KwaZulu-Natal in terms of Section 105A of the Criminal Procedure Act 51 of 1977.
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The trucking company, Sagekal Logistics, hired Sanele May, the truck driver involved in the 2013 horror crash that claimed the lives of 24 people.
In terms of this agreement, the accused pleaded guilty to the Contravention of the National Road Traffic Act regarding the roadworthiness of the truck and the trailer that was involved in the crash, contravention of the Act in terms of the duties of an operator; this is where the operator of a motor vehicle is expected to conduct his operations with due care to public safety.
The fourth charge is a contravention of the Immigration Act, and relates to the employment of the driver of the truck (May) who was in the country illegally.
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The charges against Sagekal Logistics were however withdrawn as the company is currently subject to liquidation proceedings and is insolvent.
For counts one and two (taken as one for the purpose of sentencing), the accused was sentenced to a fine of R10 000 or 12 months imprisonment. He was sentenced to a fine of R10 000 or 12 months imprisonment for count three and a fine of R5 000 or six months imprisonment for count four.
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Peach Piche of the Sanele May Support Group, said, “The fine should have been more substantial and should have included compensation for the families. It does not seem fair that Sanele got 10 years in jail and Govender got such a light fine.”
“We knew it was a separate trial and never expected it to affect Sanele’s sentence, but we did expect a better apportioning of the blame and justice for all those affected. It has been reported to me that Govender has lost everything and is a broken man. At least he has his life and his freedom and can rebuild, others do not have that privilege.
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“It has also been reported to me that Govender was advised not to make contact with the families for fear of his life. Sanele was faced with the same fears but reached out to them as he showed remorse. I think the families would’ve appreciated that immensely.”
“I was hoping that this would set a precedent to teach other truck owners a lesson to better maintain their vehicles to prevent road deaths, but R25 000 is hardly enough of a deterrent. The situation is out of our hands and we will focus on continuing to support Sanele,” said Peach.
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Despite this, the KZN director of public prosecutions advocate, Moipone Noko, said, “We welcome the sentence and hope it serves as a warning to transport operators to ensure that their vehicles are roadworthy. Truck accidents contribute significantly to the carnage on our roads.”
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