Durban - Cherise Stander, the wife of Olympic cyclist Burry Stander, says she will pray that God will give “peace” to taxi driver Njabulo Nyawose, who was sentenced on Wednesday to three years behind bars for the culpable homicide of her husband.
On her Instagram account, Cherise, who is overseas, posted a picture of Burry and a message.
“I believe that what needs to happen will happen. God is in control and I pray that He gives peace to those who need it – including the driver. I cannot imagine that this has been an easy road for him (Nyawose) either, or that he intentionally killed Burry.”
She also said: “Burry is up in heaven keeping an eye on all of us and I believe he wants us to live our lives to our full potential. That is why I will always #smile4burry.”
Stander, 25, who had been cycling along Marine Drive towards Port Shepstone from Shelly Beach, died when his bicycle hit Nyawose’s taxi in January 2013.
The taxi had been travelling south in Marine Drive when it moved into the northbound lane and turned right into Stott Street.
Stander’s mother, Mandie, who attended every day of the trial, said the effective three-year sentence handed down by Port Shepstone magistrate Charmaine Barnard was “realistic” and she accepted it.
“I was not looking for revenge. Hopefully this sentence will give motorists a wake-up call and make them considerate to others on the road.”
Mandie, who in a victim impact statement described how her life changed after her son’s death, said she was relieved the trial was over.
“As a parent you never expect to outlive your children. Burry was only 25 and too young to go.
“This is an experience I do not wish on anyone. I have been living a nightmare and nothing will ever be the same,” she said.
Barnard said Nyawose acted with gross negligence when he turned his taxi over a solid barrier line and crashed into Stander.
“The accused showed a wilful disregard for a traffic sign in a congested road and overtook vehicles in front of him.”
She sentenced him to six years in jail, with three years suspended for five years on condition that he was not convicted of culpable homicide in the period of suspension.
On the charge of failing to obey a traffic sign, she imposed a fine of R5 000 (or three months in prison), which was wholly suspended.
She also cancelled his licence because she said he should have acted with extra caution because of his passengers.
She found that Stander had not been negligent in his actions and said while his status did not affect her sentencing, she was aware that he had been a “patriotic” athlete in the “prime of his career”, a loving son and husband.
“South Africa is poorer for his loss,” she said.
Cycling South Africa general manager Michael Bradley, who said Stander had been his friend, said the sentence was appropriate.
He had testified, in aggravation of sentence, that Stander had been picked as a “medal contender” for the 2016 Rio Olympics by the international cycling union and had been mentoring young cyclists.
In mitigation, Nyawose’s attorney Xolile Ntshulana had argued that his client was a first offender.
“He takes care of his mother and two sisters and he was remorseful for his actions. He wanted to apologise to the Stander family but did not get the opportunity to do so.”
He said that “perceptions of taxi drivers” should not cloud the court’s sentence and asked that Nyawose be given a fine or suspended sentence.
But Barnard said neither option was appropriate.She said a message needed to be sent to Nyawose and other like- minded people.
“Taking unnecessary chances without considering the consequences, especially to avoid traffic, will not be tolerated. A ‘no overtaking’ line is there for a reason. In this case, the accused’s conduct had the worst possible consequence.”
Nyawose seemed stunned by his sentence, and his relatives, who did not want to be named and declined to speak to the media, collapsed and cried loudly as he was led away in handcuffs.
The case was adjourned to later this month for the court to hear Nyawose’s application for leave to appeal.
Nyawose was given bail pending that hearing.
The Mercury