Siza Nonama has pleaded guilty to 23 counts of culpable homicide, confessing that he drove the bus "negligently".
|||Cape Town - One of the Eastern Cape brothers charged with the murder of 23 people who died when their bus veered off the Hex River Pass has pleaded guilty to a lesser charge of culpable homicide.
State advocate Willem Tarentaal on Monday accepted Sisa Nomama’s guilty plea on 23 counts of culpable homicide and two of contravening the National Road Traffic Act.
All counts, including 23 of murder, 53 of attempted murder and seven charges relating to contravening the act were withdrawn against Nomama’s older brother, Malinga.
Cape Town Regional Court magistrate Bruce Langa said on Monday that he was satisfied with Nomama’s guilty plea and convicted him.
In his plea, Nomama said he had negligently caused the death of 23 people who were travelling en route from Leeugamka to Cape Town on May 5, 2010.
“I declare that I was the driver of the bus and my brother, Malinga, was the registered owner of the bus. He was also on board the bus.
“At around 4.40am, I was nearing the Hex River Pass, we were descending and I failed to reduce the speed… I drove at an excessive speed.
“It was raining and the road was wet. I was unable to control the bus and it veered off the road,” Nomama said.
The bus was certified to carry 64 passengers, but 76 people were on board, according to the charge sheet. “I admit I acted negligently and didn’t take necessary care when driving the bus. I knew that my actions were wrong and I could be punished for it,” Nomama said.
He also admitted that he had driven the bus without a legal driving licence and that he had operated the bus while the roadworthy certificate was not displayed.
After Nomama’s conviction, his lawyer, Thabo Nogemane, brought an application to have his client’s bail of R10 000 extended.
Nogemane argued that his client had attended court “religiously” and that he had been convicted of the alternative rather than the main count.
The prosecution had no objection, but asked that his driving licence be cancelled or suspended.
After considering the submissions, magistrate Langa said: “It will be very irresponsible for me to allow the accused to drive public vehicles after this conviction.
“I will suspend his PDP licence until this matter is finalised. In any event, it expires in 18 days.”
Nomama’s bail was extended and he is due to return to court for sentencing proceedings on December 3.
jade.witten@inl.co.za
Cape Argus