Durban - KwaZulu-Natal’s cyclists have expressed shock and dejection over the provisional withdrawal of culpable homicide charges against the minibus taxi driver who allegedly killed mountain biker Burry Stander.
The decision might be misconstrued as saying the law did not take cyclists seriously, the chairman of the KZN Mountain Biking Commission, Charles Roberts, said on Tuesday.
“Because Burry was an international hero and a much-loved cyclist, he had worldwide influence.
“This story will appear in media around the world and will create a negative image of how cyclists are treated in this country.”
Roberts said he was saddened by the decision and felt deeply for the Stander family, who are looking for closure.
Roberts said he hoped the case would be placed back on the roll as soon as possible.
The matter against Njabulo Nyawose was provisionally withdrawn in the Port Shepstone Magistrate’s Court yesterday, until the director of public prosecutions was in a position to assess the docket in full.
Natasha Ramkisson, spokeswoman for the National Prosecuting Authority in KZN, said the docket was with the acting DPP, Moipone Noko.
“The docket contains crime scene analysis and several expert reports. She has to go through all of these before a decision is made about whether to prosecute or not.”
She denied the Stander matter was not receiving attention. “There are processes to be followed. The DPP has many dockets she has to scrutinise, including this one.”
Nyawose had faced a charge of culpable homicide or an alternative charge of reckless or negligent driving.
The provisional withdrawal of charges had come as a shock to many, said Greg Stedman, president of KZN Cycling.
“We hope to understand the reasons behind this. This is very discouraging and we hope this is a temporary situation,” he said, adding: “We have to respect the law.”
A spokesman for the Stander family, Zoon Cronje, said they were still coming to terms with the decision and needed space.
“Until a final decision is made there isn’t much we can say. We just have to let the law take its course,” he said.
Stander had been on a training ride when he was struck by a taxi in Shelly Beach on the KZN South Coast on January 3.
Burry’s death spurred nationwide calls for regulations to impose a 1.5m gap between passing vehicles and bicycles - now dubbed the Burry Gap.
Daily News