Durban — A budding rugby star’s Springboks hopes were snuffed out when he died in a car crash in Durban. The driver of the vehicle he travelled in insisted on taking the wheel while under the influence of alcohol.
Malusi Mkhize, 19, who had already received a formal rugby scholarship offer from the University of KwaZulu-Natal at the time of his death – June 26, 2021 – was thrown from the rear end of the VW Amarok driven by Bokamoso Motlohi, 28.
Motlohi was sentenced to 13 years’ imprisonment by the Durban Magistrate’s Court last month.
Mkhize and five others were killed in the Amarok’s collision with a Hyundai sedan near the intersection of the Ruth First Highway and Sandile Thusi Road. Motlohi, who had consumed tots of gin and tonic and whiskey on the day, faced six culpable homicide charges and one for drunk-driving.
He pleaded guilty to the charges.
Having previously convicted Motlohi on the charges, magistrate Anand Maharaj sentenced him on June 28 to two years’ jail for each culpable homicide conviction and a year for drunk-driving.
Motlohi was speeding and ignored a red traffic signal before colliding with a Hyundai. All the occupants of the Hyundai – Mate Thompson, 57, Sithembile Ntuli, 55, Lawi Mbeje, 69, and Simphiwe Mkhize, 37 – were killed. Linda Sithole, 24, was among the six who died in the crash after she was thrown from the Amarok, along with Mkhize.
Motlohi had seven passengers in his vehicle. The survivors required medical treatment for moderate injuries.
In court, Motlohi entered a Section 112 plea. The State prosecutor was advocate Kuveshni Pillay. In his statement, Motlohi, of Hillcrest said on the day of the accident he and the others attended a birthday party at an uMhlanga restaurant around 1pm, and had travelled in his father’s Amarok.
He drank alcohol, even though he was not a habitual drinker, because he got caught up in the celebratory mood.
They left around 9pm.
“I admit, I was already under the influence of alcohol. I insisted on driving because the vehicle belonged to my father, in case something went wrong,” read an extract from his statement submitted in court.
He was driving at 100km/h in a 60km/h zone at the time of the crash.
Motlohi admitted that had he not been speeding, he would have heeded the traffic signal, and that alcohol had impaired his driving skills. He told the court he was remorseful.
Pillay said the accident was “gruesome” and “horrendous” and that Motlohi was not remorseful.
She said that Mkhize was a promising rugby player with the potential to be the next Siya Kolisi playing for the Springboks, but that dream ended at age 19.
Siboniso Mkhize, the brother of Malusi and Wandile Sithole, Linda’s brother, also asked for a custodial sentence. Mkhize said his sister also had a bright future as a website designer, and Linda’s death left the family, especially his mother, “broken”.
Other family members of some of the deceased said they had forgiven Motlohi and asked that he not be sent to prison.
Magistrate Maharaj was concerned with Motlohi saying he wanted to plead guilty at the outset of proceedings – but having studied the court record, he found no such submission, and the matter took nearly three years to conclude. He noted that Motlohi had no regard for the rules of the road and disregarded his friends who asked him not to drive, resulting in tragic consequences.
“The vehicles and the bodies of the deceased were mangled.”
Maharaj said lives were lost daily on roads.
“Far too often drivers become nonchalant about the rules of the road.
“They need to realise there are consequences and they must be held accountable. Drunk-driving cannot be tolerated. Therefore, a custodial sentence is fair in this instance, even though it was the accused’s first offence and some family members forgave him,” said Maharaj.
Siboniso Mkhize said they were satisfied with the sentence, but still in “pain”. He said since his brother’s death he could not watch rugby matches.
Even though he was happy that the Springboks won last Saturday, he couldn’t watch.
“It’s a reminder of Malusi. It seemed like everything was shaping towards him playing at the highest level.”
Mkhize said he hoped for an opportunity to look Motlohi in the eye “to see whether he was remorseful now that he had been imprisoned”.
Sunday Tribune