By Thokozani Mazibuko
A government driver, Dumsani Mfanawendlela Magagula, has been charged with culpable homicide and six counts of contravening the Road Traffic Act 6 of 2007 for fatally hitting cyclist Dr Malvern Masango while driving a government vehicle under the influence of alcohol.
He committed all the offences on September 28, 2024, at Mfabantfu along MR 3 public road, in the Manzini District while driving a Landcruiser LDV registered GSD 022 TC.
Magagula was charged with culpable homicide for negligently driving a motor vehicle on a public road and hitting a cyclist, Dr Malvern Masango, who died at the scene.
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The negligence included driving without due care, failing to maintain his lane, encroaching on the shoulder used by cyclists and not braking in time to avoid the accident.
Magagula was on count two charged for contravening Section 91(1) as read with Section 122 (1) and (2) of the Road Traffic Act 6 of 2007,
in that he wrongfully and unlawfully drove the aforementioned motor vehicle upon the said public road while under the influence of intoxicating liquor or narcotic drugs with a breath specimen reading of 0.53 milligrams per litre (mg/l), above legal limit of 0.38 mg/l, thus contravening the said Act.
The particulars of his drunk- driving are said to have been that, he was tested and found with 0.53 mg/l of alcohol or intoxicating liquor in his body, he had a strong smell of alcohol emanating from his breath and he was too talkative.
On count three, he was charged with contravening Section 89(1) as read with Section 122(7) of the Road Traffic Act 6 of 2007 in that he wrongfully,
unlawfully and negligently drove the aforesaid motor vehicle upon the said public road and knocked down a cyclist one Dr Futhi Dlamini (62) of Mahlanya area, thus contravening the said Act.
The particulars of his negligent driving are said to have been that he drove without due care and attention and failed to maintain his driving lane, thus infringing on the shoulder of the road used by cyclists.
He is also said to have failed to apply brakes timeously and to avoid an accident which a reasonable driver could have avoided.
On count four, Magagula was charged with contravening Section 88(1) (a) as read with Section 122(5) (b) of the Road Traffic Act 6 of 2007, in that he wrongfully and unlawfully failed to immediately stop the motor vehicle after the accident, thus contravening this Act.
As if that was not enough, Magagagula was on count five, charged with contravening Section 88(1) (b) as read with Section 122(5) (b) of the Road Traffic Act 6 of 2007 in that he wrongfully and unlawfully failed to ascertain damages at the scene of the accident, thus contravening the Act.
On count six, he was charged with contravening Section 88(1) (c) as read with Section 122(5) (b) of the Road Traffic Act 6 of 2007 in that, he wrongfully and unlawfully failed to assist the injured person, thus contravening the Act.
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Magagula was on count seven, charged with contravening Section 88(1) (d) as read with Section 122(5) (b) of the Road Traffic Act 6 of 2007 in that, he wrongfully and unlawfully failed to give name and address to the other victim and fled the scene, thus contravening the Act.
He was not made to plea during his court appearance yesterday, but rather he was remanded in custody until October 15, 2024, pending the setting of his trial date.
However, Magagula through his lawyer moved a bail application. When motivating his bail application, he pointed out that he understands the seriousness of the offences, however,
he was pleading with the court to consider that he was a driver employed by the Ministry of Tourism and Environmental Affairs.
He also pointed out that he was married with school-going children who were dependent on him for support.
He also asked the court to consider that the other charges emanate from a single transaction.
Magagula also pleaded with the court to consider that he surrendered himself to the Lobamba Police Station and was then transferred to Matsapha Police Station and therefore, he was not a flight risk.
The Crown mentioned that she was not opposed to the bail application, but rather, she pleaded with the court to consider the seriousness of the offences when issuing out the bail.
“Two people were knocked down by the accused and one died on the spot, yet he did not stop after the accident,” said the Crown.
Magagula was granted bail fixed at E5 000 and was further warned to appear before the court on October 15, 2024, to set his trial date.
Others who appeared in court for drink-driving included the following;
