Question
A reader reminds Pollex that South Africa has shockingly high road traffic crash (accident) statistics, with an average of 12 500 people who die in road crashes each year, of whom approximately 40% are pedestrians.
The reader wants to know from Pollex whether a culpable homicide case is standard to be opened against such drivers or whether this could be murder cases, especially when factors such as speed, alcohol or other factors contribute to the fatal crash?
Answer
Pollex will answer our reader’s question by referring to a recent judgment that was delivered in the Durban High Court following the death of 20 people in a fatal crash that happened in 2022. This case is S v Siyaya (03/2024) [2024] ZAKZDHC 24, High Court Durban dated 14 May 2024 (KZD).
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[This is only an extract of an article that is published in Servamus: October 2024. This article is available for purchase.]