Driver who ploughed into pupils fined, sentenced to house arrest

A Wentworth mother was disappointed that a man who lost control of his car, while doing handbrake turns, and ploughed into school children was not jailed on Tuesday. Photo: SAPS

A Wentworth mother was disappointed that a man who lost control of his car, while doing handbrake turns, and ploughed into school children was not jailed on Tuesday. Photo: SAPS

Published Apr 21, 2021

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DURBAN - A WENTWORTH mother was disappointed that a man who lost control of his car, while doing handbrake turns, and ploughed into school children was not jailed on Tuesday.

Chantal Snyman’s 15-year-old son, Lealan Chen, was one of the children injured. The Toyota Corolla driven by Thabo Khumalo, 22, ploughed into three other school children walking on the pavement on Retreat Street in September 2020.

The incident was captured on cellphone footage by onlookers and widely circulated on social media.

Khumalo, from KwaMakhutha, pleaded guilty in the Durban Regional Court to charges of reckless and negligent driving.

Advocate Siphamandla Ronald Ngcobo, representing Khumalo, told the court his client was remorseful and took responsibility for his actions.

Ngcobo said Khumalo was not involved in any crime and was not fleeing any robbery. He was not intoxicated with alcohol nor had he consumed drugs. “He was showboating,” he said.

Khumalo has three children and was employed as a truck driver. Ngcobo said Khumalo had ample time behind bars awaiting trial to think and make this decision.

He argued that none of the children suffered any permanent disabilities or serious injuries and added that if Khumalo’s driving licence was suspended, he would be unable to work.

Magistrate Sophie Reddy said the consequences of the crime were extremely serious. “Khumalo was fortunate that he did not cause any harm although there was potential for it considering the circumstances.”

Reddy said Khumalo should have driven with respect for himself and other road users.

“You were driving near a school. The law requires a greater degree of care around schools. Your actions were extremely irresponsible. The court is mindful that this is a frequent event. Actions by people like yourself cause carnage on our roads,” Reddy said.

Khumalo was sentenced to six months in prison or to pay a fine of R6 000. In addition, there would be three years of correctional supervision where he would be placed under house arrest supervised by the Department of Correctional Services.

Khumalo was ordered to perform 16 hours of community service per month. “At his own expense, he must attend and complete an orientation programme and programmes involving social responsibility training and any other programme identified by the Department of Correctional Services.”

Reddy said he should refrain from consuming alcohol and drugs during the duration of the sentence. He must also not leave the Durban magisterial district. His licence was not suspended.

Khumalo’s relatives wept in court during sentencing.

Outside court, an emotional Snyman said it was draining on her emotionally and physically. The incident left her son traumatised. “Thabo will come out and do the very same thing to someone else. Who will have the time to check if he is at home?”

Attempted murder and theft of a motor vehicle charges were withdrawn against Khumalo. The charges against his passenger, Andile Myeza, 23, were also withdrawn.

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Crime and courts