Zulu gets 3 years in jail

2010-08-26 19:06

Durban - Durban businessman Prince Sifiso Zulu was on Thursday effectively sentenced to jail for three years on two culpable homicide counts and negligent driving at the Durban Regional Court.

Magistrate Thomas Nhleko sentenced Zulu to five years for seven charges, including culpable homicide, reckless driving, failing to stop at an accident and failing to help the injured in an accident that he caused when he skipped a red traffic light in March 2008. Two people died in the accident.

Zulu was found guilty of the charges in April. Two years of his five-year sentence were suspended.

Zulu received one year for failing to perform the duties of the driver after the accident or an option of a R3 000 fine.

He also received three months or a R1 500 fine for using an unregistered vehicle and displaying an incorrect licence plate.

Zulu, who is a former president of the Durban Chamber of Commerce and friend of police commissioner, General Bheki Cele, further received a one-year sentence or a R3 000 fine for having a high alcohol concentration.

He was released on extended bail and given 14 days to lodge an appeal.

Not accepting responsibility

In handing down the sentence, Nhleko said Zulu pleaded not guilty and denied being the driver, despite clear evidence. This showed he was not accepting responsibility, said Nhleko.

He said the sentence of R1 500 fine for reckless driving he received in 2006 was too lenient and that he had not learnt from it.

Nhleko said compensating the victims would not be proper, and that the families would pursue their own claims against Zulu.

Zulu had earlier offered to pay compensation to the families of the two people who died. He has also offered to compensate the 10 people injured in the collision between his BMW X5 and a Mitsubishi double-cab carrying members of the Soul's Harbour Ministries Church.

Dudu Ngema, who was severely injured in the accident, described the sentence as too lenient.

"I am very angry. He deserved a tough sentence," she said.

Ngema said she would pursue a civil claim against Zulu.

The National Prosecuting Authority (NPA) spokesperson Mthunzi Mhaga welcomed the sentence, saying that it would send a clear message that negligent driving was not tolerated.

Earlier on Thursday, the court heard evidence in mitigation and aggravation of sentence.

Zulu's defence counsel Thabani Masuku submitted that correctional supervision would be an appropriate sentence, with the condition of compensation attached.

A man of influence

He said that before sentencing Zulu, the court needed to consider that the car used by the victims was overloaded during the accident.

It was also necessary to consider that the occupants of the car were not wearing seatbelts, which put them in danger of a fatal accident even if the cause was just a "small bump".

In argument in aggravation of sentence, prosecutor Mark Dyson described Zulu as a man of influence and said he had not shown "any remorse until this day".

He told the court a report, prepared by social welfare officers, motivating a sentence of correctional supervision included the name of eThekwini's municipal manager Dr Mike Sutcliffe.

"This shows that he (Zulu) is a man of influence. It shows the type of influence he has. The sentence that the defence is proposing will send a message that people who have influence and money don't go to jail," said Dyson.

In the report, Sutcliffe said he had been associated with Zulu for 20 years. He said he found Zulu to be a sociable, pleasant person whose generosity could be taken advantage of.

Sutcliffe said a non-custodial sentence would be most appropriate and that the families needed to be compensated. Zulu suggested that he would afford R2 000 per month for compensation for each family for period that would be determined by the court.

- SAPA