Sagekal - Logistics owner Gregory Govender is yet to make his written representations to the Director of Public Prosecutions to have the charges against him and his company withdrawn.
The owner of the truck that ploughed into several vehicles on Field’s Hill killing 24 people three years ago, appeared briefly in the Verulam Magistrate’s Court on Wednesday.
His attorney, Theasen Pillay, indicated to the court that their own expert still had to file his own report in response to the State’s report on the unroadworthy truck.
Once this report was complete, he said, it would be submitted along with their written representations to the DPP in KwaZulu-Natal.
The case was then adjourned until November 29.
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 charge sheet, Sagekal was registered on September 18, 2009.
Govender utilised the closed corporation to conduct a road freight transport business from Premier Place in Phoenix Industrial Park. It employed staff as 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 Durban harbour.
On September 5, the truck careered out of control down Field’s Hill. May took the off-ramp from the M13 to Old Main Road in Pinetown and, going through a red robot, 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.
Outside court, members of the Sanele May Support Group said May just wanted justice for the families of the crash victims.