Lower ‘blue light’ fine

2013-09-06 00:00

“BLUE light driver” Caiphas Ndlela yesterday had his negligent driving conviction reduced to one of inconsiderate driving on appeal.

Judges Mohini Moodley and Philip Nkosi reduced Ndlela’s sentence to a R2 000 fine (or six months’ imprisonment) plus six months’ imprisonment suspended for two years.

He was originally sentenced to a R3 000 fine (or two years’ imprisonment) plus a further two years’ imprisonment conditionally suspended.

Ndlela said the verdict will not affect his employment as a driver and police officer.

The verdict arose from a November 15, 2008 incident when his colleague Hlanganani Nxumalo fired shots on the N3, scaring motorist Anuvasen Moodley into veering to the opposite carriageway at Ashburton, colliding with another vehicle.

Nxumalo was convicted of negligently firing his gun and sentenced to a fine of R12 000 plus a suspended sentence of four years’ imprisonment.

Ndlela’s conviction was for continually putting pressure on Moodley to move over by driving closely behind him, which the trial court found had created the danger of an accident.

The appeal court, however, said Moodley had testified to losing control because of a shot fired by Nxumalo, not because of Ndlela’s driving.

In the view of the appeal court, Ndlela was guilty of inconsiderate, but not negligent, driving.

Judge Moodley further said a “flashing blue light” does not invest the driver “with unrestricted authority to do as he or she pleases … to the detriment of other drivers”.

She said police have the authority to require other road users to give way when there is “a real emergency”, but this freedom is not applicable to any trip irrespective of its purpose.

She agreed that the fact that Ndela and Nxumalo were rushing to fetch MEC Meschack Radebe for a meeting did not constitute an emergency.

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
0 comments
Comments have been closed for this article.

Inside News24

 
/News

Book flights

Compare, Book, Fly

Traffic Alerts
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.