The 32 year old driver implicated in the horrific Boksburg Explosion on 24 December 2022, was released, and the public was up in arms.
The explosion left at least 41 people dead when a fuel tanker carried liquefied petroleum gas failed to safely pass under a railway bridge in Boksburg. The nearby Thambo Memorial Hospital was also damaged and many of its staff, in its carpark were inured.
The driver was charged with reckless driving, negligence, multiple counts of culpable homicide and malicious damage to property. But due to insufficient evidence, those charges were dropped the same day he appeared in the Boksburg Magistrate’s court.
According to the Gauteng Deputy provincial police commissioner, General Mbuso Khumalo, the driver was arrested before any formal investigation was conducted, contrary to the requirement of due process, being that investigations are to precede arrests.
An independent review was conducted on Infinite Fleets’ compliance (the employer) with the National Road Traffic Act, the Occupational Health and Safety Act and SQAS-AFRICA by Richard Durrant, Director of Transheq, he was reported to have said that the employer (Infinite Fleets) followed all requirements by law and practise. The follow-on issue to be investigated in this matter is intent, which may mean criminal charges.
Our attorney, Jonathan White was recently asked by a local journalist to explain this issue further.
“When looking at whether someone is criminally liable, the intent has to be determined. There are two types of intent, regarding the driver. Direct intent, meaning the person intended on carrying out the crime. And then there is Negligence. It simply means failure to comply with the standard of care that would be exercised in circumstances by a reasonable person.”
In latest developments it appears that the Gauteng Premier Panyaza Lesufi as of 18 January 2023, has confirmed that the docket had been transferred to the Senior State prosecutor for consideration as the police have opened a new case against the driver.
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