Staff Reporter
Former Free State MEC for Police, Roads and Transport Butana Komphela was on Monday sentenced to three years’ imprisonment by the Brandfort Magistrates Court after he was found guilty of culpable homicide in a matter dating back to 2019.
Presiding officer Riaas Hanware sentenced Komphela, 65, to three years wholly suspended for being responsible for an accident that claimed the life of Samuel Manyova, 50.
The National Prosecuting Authority (NPA) said in a statement Komphela was driving from the direction of Theunissen towards Bloemfontein when the accident occurred on January 6, 2019.
NPA regional spokesperson Phaladi Shuping said Komphela’s BMW veered to the right, crossing the two barrier lines and collided with a Volkswagen Polo that was driving in the opposite direction with five occupants.
“The Polo rolled several times and Manyova, who was one of the passengers, died at the scene,” said Shuping in the statement, adding the other occupants suffered minor injuries.
Komphela claimed during trial that the VW Polo drove into his lane and the sun made it impossible for him to see it.
However, state prosecutor, Mpoti Chalale told the court that it is impossible that the driver of the Polo could be wrong because according to an accident scene expert the Polo sustained no front corner impact damage which confirmed that the BMW drove into the VW.
“According to the accident scene expert, the contributing cause to the accident can only be a human error because the mechanical condition of the car did not cause it and the road was in a good condition. It was Mr Komphela who was driving at a speed of about 150km per hour in an 80km zone when he swerved into oncoming traffic,” argued Chalale.
He added: “The accused is a former MEC who was responsible for roads and he knows that road is a high accident zone. There is no way the sun could have made it impossible for him to see other vehicles because the accident happened at around 14h00.”
Magistrate Hanware agreed with the state and rejected Komphela’s version.
He sentenced him to three years imprisonment wholly suspended for a period of five years on condition that he is not found guilty of a similar offence during the period of suspension.