Appeal fails, Zulu on his way to jail

2012-05-05 11:20

Durban - Businessman and socialite Sifiso Zulu will go to jail after failing in his appeal against his convictions and sentences arising from a fatal car accident in Durban on March 29, 2008.

Appeal Judge Pete Koen and Acting Judge Themba Mjoli rejected Zulu’s claims that he wasn’t driving at the time and said the evidence pointed irresistibly to him having been the driver.

He was sentenced to five years’ imprisonment (two of which were suspended conditionally), plus fines totalling R7 500.

The main charges arose from a collision caused when Zulu’s BMW X5 jumped a red traffic light and collided with a Colt Mitsubishi double cab bakkie at the NMR Avenue/Somtsue Road intersection.

No remorse

Two members of the Harbour Ministries church were killed and 12 people were injured.

The driver of the BMW fled the scene of the accident. Zulu later claimed he was not in the driver’s seat, but had been asleep at home at the time.

According to evidence, his friend, then transport MEC Bheki Cele, was called to the accident scene and took Zulu to the police station.

Zulu at first claimed that Dumusani Ngcobo was driving, and later told State witnesses that the driver was Bongumusa Gumede.

Zulu did not testify in his defence and could not be cross-examined.

The appeal court found his version that Gumede was driving had been a “poorly and ill-conceived strategy to mislead the court and defeat the administration of justice”.

They termed the strategy “amateurish” and said that for Zulu to have thought it could ever have any prospect of success was to “insult the intelligence of the learned magistrate, who to his credit was not fooled by this deceit”.

The appeal court said the magistrate had given a “well-reasoned judgment”, had not misdirected himself in any respect and said the case against Zulu was overwhelming.

Zulu’s version was “riddled with contradictions”.

The sentences were appropriate, “if not lenient”, the judges said.

An aggravating factor was that Zulu had shown no remorse.

A legal source said that the usual time given to surrender is within 48 hours of the decision being handed down.

The Correctional Services Department told Weekend Witness it was unable to confirm when Zulu would report for jail.

  • peter.t.solomon - 2012-05-05 11:30

    Good news. There's justice in SA, no matter how well connected you are.

      jacques.koorts - 2012-05-05 12:13

      dont be so quick. he has not reported for jail yet.

      tony.kirby1 - 2012-05-05 12:25

      Yes Jacques you are correct and if he does he could be very very ill and might go directly to hospitals ICU

      koos.vandermerwe.92 - 2012-05-05 12:46

      Zulu, 37, was convicted of culpable homicide in the deaths of Sidumaselso Nonjabule Ncube and Hlengiwe Yvonne Dlamini in March 2008. He was also found guilty of reckless or negligent driving, failing to stop at a red light, failing to stop after an accident, and of driving while under the influence of alcohol. Arguing in mitigation, he said that before sentencing Zulu, the court needed to consider that the car used by victims was overloaded during the accident. It also needed 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". Masuku said the court also needed to consider that Zulu played a significant role in society and had professional responsibilities. Was justice done?

      Fussed - 2012-05-05 14:49

      Caught after a few beers in a road block is a worse than what he got

  • Sharon - 2012-05-05 11:34

    Why should it be set aside? Because he is a socialite? Because he lied about driving the car? Hello!! Somebody died!!! So arrogant, some people think the law does not apply to them!

      Eric - 2012-05-05 18:01

      3 years for killing 2 people? It pays to be a well-connected "businessman and socialite"!! :(

      Thato - 2012-05-05 21:09

      "the car used by victims was overloaded"; " 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 this case the death of the victims is not be be soley blamed on the perpetrator as the victims were to some extent were negligent and irrisponsible. Did the driver of the victims' vehicle look left & right and check mirrors & blind spots as per stipulations of operating a vehicle? -otherwise he could have seen the on-coming vehicle. Did the victims' driver intentionaly move the vehicle into the path of a fast approaching vehicle (regardless of the circumstances of him having been in the green)? Let's all be responsible and altert on the roads- your life is precious and it's not about who is correct or who is in the wrong. be patient and have you eyes on the look out- observe and think twice before moving into an intersection or making a turn***

      Dudu - 2012-05-06 12:51

      Thato!! If the driver of the other vehicle was at fault in anyway he would be charged!! I was there my husband was driving the other vehicle and yes sit belts at front sits were on but it was a double cap, not everyone had a sitbelt, so people like me who live with disabilities caused by this drunk person don't appreciate insensitive comments like this!! I wish u know what we are going through every day because of that accident! My disability is a life sentence not a 3year sentence

      Thato - 2012-05-08 17:57

      Shame, sympathy for you and I will never wish this onto anyone- uzo ba strong*... but the facts have to be stated “without precedent or prejudice”; and the fact that the possible fault of the other party is not seen as wrong-doing in terms of statutory law does not dismiss the above stated. On seeing the potential harm that can be caused by travelling in the back of a bakkie with a lot of people sometime ago, I sold my bakkie and am looking for a bigger vehicle that can fit us all- thanks to Toyota for Verso I will be sorted- I wish fellow road users could opt for the same, safer choice

  • Shirley - 2012-05-05 11:35

    Good!! Too leniant maybe but nice to see that no matter how much money you have,you will still do the time!He is a spineless man for claiming someone else was driving and having no remorse for causing death to others! For his actions he should pay damages to those involved!

  • goyougoodthing - 2012-05-05 11:41

    3 Years for killing 2 people and lying to the court. Justice is not served.

      koos.vandermerwe.92 - 2012-05-05 11:45

      Just in time for zoomer gift to inmates.

      goyougoodthing - 2012-05-05 11:52

      My thoughts exactly.

  • Pule - 2012-05-05 11:43

    That's the way S.A would be if DA can win elections in a near future.

      Anthony - 2012-05-05 12:05

      I,am betting DA brings back the death penalty

      Liz - 2012-05-05 13:33

      @Anthony ... before raving about the DA and what they might "do" please do yourself and them a favour by reading their policy positiojns on their web page. There is no way they will bring back the death penalty.

      Danie - 2012-05-05 14:22

      Why wait for the DA, its currently happening.

  • Phillys - 2012-05-05 11:50

    only 3 years for killing 2 people and injuring scores of others???? This pretty boy is extemly luck. I hope his large cell-mate Bubba, shows him the meaning of respect!! :)

      nokuthula.hlatshwayo.37 - 2012-05-05 15:30

      Let's see he's 4rm KZN probably ANC then he suddenly lost his appeal just in time whn Zoomer is giving away sum scumbag hamper that's pure rubbish

      Rocky - 2012-05-07 13:12

      Phyllys - that is most certainly not a "winterbottom" LOL

  • Anthony - 2012-05-05 11:55

    only one year for two lives not bad, what,s that poor guys name that got 22 years for R200 000. well lets see what that equates to ? 2 lives div R200 000 = R100 000 p/life div 22 years = R4545.45 hmmmmm

  • koos.vandermerwe.92 - 2012-05-05 12:18

    What happened to the guy that killed 5 cyclists with his X5. He's also a businessman.

  • pmolesworth - 2012-05-05 12:36

    is he terminally ill yet?

      Mhla - 2012-05-06 12:49

      hahahahahhahaaaaa . . . . if u have enough digits in yo account u can be terminally ill but if not uwill rot in jail. . .

  • Rob - 2012-05-05 12:59

    Good !

  • Fhedzani Sadiki - 2012-05-05 13:04

    He will be out in 18 is cheap in SA...

      Gerhard - 2012-05-05 13:34

      You are wrong! He'll be out in 6 months, if he ever gets locked up in the first place.

  • Michael Kleber - 2012-05-05 13:50

    lets not forget about the driver of the X5 that skipped a robot and took out Thomas Ferreira nothing has happened to him and then our MEC promised to cover all medical expenses and then .... said there was no budget .

  • buti.lembe - 2012-05-05 13:54

    Zulu doesn't feel any remorse for what he did, hey boy you're a killer and you don't deserve to be outside. Jail is where you belong. Go now now now.

  • Harold - 2012-05-05 14:03

    This guy is nothing but a rich tsotse. Socialites dont behave like this. What a sick society we have developed.

  • Danie - 2012-05-05 14:20

    D they not understand that they could still go to jail, long after the offence or even many years later when the poor masses stop voting for the criminals, and they loose their political power to keep them out of jail.

  • Jim - 2012-05-05 16:03

    Welcome to the real world Sifiso. Justice prevails. Do not pass "Go" in the world of Monopoly, go straight to jail with no "get out" card and serve your sentence.

  • kasper.mbayi2 - 2012-05-05 16:47

    UJub Jub must also follow.

  • maggsie - 2012-05-05 17:38

    5 years for the culpable homicide of two people and fleeing the site of an accident. You call that justice? REALLY!?

  • Deepchund - 2012-05-05 21:04

    He could end up terminally ill after a few days in chookie and be released. He has the contacts.

  • Dudu - 2012-05-06 09:23

    I'll never forget that day in my life, it was a long nightmare, this minute we were laughing on the way from Church the next bodies were scattered on the road. I remember checking on Sdumisile she looked peaceful little did I know that she was gone, she was such a loving gal with bright future. My husband was lying there in pains, my daughter was ok with minor bruises*i don't know how* the rest of us we were in pains *crying*

      Mvuloa - 2012-05-06 10:01

      bt 3 yrs gud people ai ai ai ngeke this is a lousy sentence.........

  • ramona.chetty1 - 2012-05-06 21:15

    Hope he doesn't get Shabir Shaik Syndrome

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