Expert probes road death

2003-07-10 23:24

Craig Bishop

Pietermaritzburg - An accident reconstruction expert has been sent to northern KwaZulu-Natal to investigate the scene where an Utrecht farmer claims to have accidentally run over and killed a farm labourer earlier this week.

The expert's report will be used as evidence in court and will decide whether Johan Landman is to be charged with culpable homicide or murder.

Inspector Gert Fick of the Ladysmith Collision Unit, described by police spokesman Director Bala Naidoo as an expert in his field, was at the scene of the accident where Landman ran over and killed Matshitshi Nkosi, who was on a bicycle, at about 18:30 on Monday.

Landman told Utrecht police that a cow strayed into his path and that he did not see Nkosi.

However, people in the area told the Witness they do not believe Nkosi?s death was accidental. Jabulani Msibi of the Utrecht Crisis Committee alleged that Landman had repeatedly vowed to kill Nkosi, the brother-in-law of farm worker Samuel Ndlovu, who was allegedly severely assaulted by Landman's father, Theodore.

Ndlovu died two weeks after the assault. The district surgeon's post-mortem listed the cause of death as TB.

Decades

Locals allege that male members of the Landman family have operated a reign of terror for decades against farm workers and have opened over 20 counts of intimidation against them.

Theodore Landman and his two sons, Johan and Jacobus, face charges of attempted murder and assault relating to alleged attacks on employees several years ago.

Fick, who has worked in the accident reconstruction field for four years, said on Thursday that he was on the scene with Landman and his lawyer retracing the events that led up to Nkosi's death. Fick will analyse the extent and position of the damage to Landman's white Toyota Land Cruiser and will drive the vehicle himself at the same speed and direction as in the accident.

"That will indicate the likelihood that Landman did not see Nkosi cycling along as he told police," he said.

In addition, Fick will analyse Nkosi's body and photos from the scene of the accident, checking things like the visibility of Nkosi's clothing.

'Cow shit'

Fick will then complete a report to be used in court as evidence.

At present, Landman faces charges of culpable homicide, which will be changed to murder should Fick's report indicate that he was lying.

"It is much too early to say whether Landman's story is correct. Certainly it was dark at that time, there are no skid marks and there is cow shit all over the road," he said.

Johan Landman declined to comment and referred all inquries to his lawyer, Deon Kritzinger, who said they are waiting for the state's accident report. He questioned whether there is a political agenda behind the allegations of a reign of terror.

"Johan Landman has a very good relationship with his staff. He is under a lot of strain at the moment."

KZN Agriculture and Environmental Affairs MEC Dumisani Makhaye said Nkosi's body will be taken to Durban for a post-mortem since the community does not trust the Utrecht district surgeon after he listed Ndlovu's cause of death as TB.

'Handful problematic'

He urged landowners and their employees to remain calm. "There are about 60 farmers in the area. Only a handful, maybe five, are problematic."

Makhaye questioned why the KZN Agricultural Union (Kwanalu) has remained quiet on the allegations against the Landman family.

Koos Marais of the Kwanalu security desk said Landman is not a member of the farmers' union.

"All we know is what we read in the papers. No one has approached us for comment."

Landman and his sons will appear in the Newcastle Regional Court on July 25.

- The Witness