Taxi driver, Mxolisi Ngobese was sentenced to three years house arrest for culpable homicide. The 31-year-old taxi driver was found guilty of the offence after he hit and killed an on-duty Metro police officer, Sandile Nkwanyana on 15 March 2015.
Handing down the sentence at the Johannesburg Magistrates’ Court, Regional Magistrate, Collen Matshitse told Ngobese that he must not take this sentence as if it’s a slap on the wrist. The Magistrate told him that being under house arrest meant that he didn’t own his life anymore. “Your life is now owned by the probation officer. He or she will visit your home at any time and must find you there at all times. You can’t come and go as you please,” Matshitse said.
He also pointed out that a sentence is not supposed to be vengeful but should look at the interests of the convicted, in terms of what will be deemed suitable to rehabilitate him.
In his sentencing remarks, the magistrate said it was negligent of Ngobese to drive a vehicle with faulty brakes, which he aware of. “A professional driver like you, with a professional driving permit should have done better in this situation. You should know the dangers of driving a vehicle that is not roadworthy.”
Ngobese, who resides in Melville, will only be allowed to leave his house for work and religious purposes, with the probation officer’s permission. He is also not allowed to leave Gauteng without the probation officer’s permission.
The magistrate also pointed out that this sentence will allow Ngobese to continue contributing to the economy of the country and be able to provide for his three minor children and unemployed wife.
The deceased Metro police officer is survived by four children and his wife.
State Prosecutor, Goitsimang Goerwang wanted direct imprisonment to be imposed on Ngobese. Goerwang told the court that this was a serious offence and every offence must be punished in accordance with its seriousness.
According to evidence led in court during the trial, Nkwanyana was busy conducting an Easter operation, stopping and searching vehicles on Heidelberg Road in City Deep. While they were on duty, a taxi was spotted driving in the emergency lane and Nkwanyana tried to stop it. The taxi driver swerved from the emergency lane into the middle lane, as the deceased tried to get him to stop again. This is when Ngobese’s taxi hit Nkwanyana and dragged the officer a few metres.
A backup Metro police officer gave chase and arrested the taxi driver. Nkwanyana was then rushed to a hospital where he died on arrival.
When asked why he didn’t stop when he was directed to do so, the taxi driver told the officers that his brakes failed. The court heard that the brake failure was also confirmed by police experts who took the vehicle for testing.
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