/ 25 February 2009

Charge taxi driver with murder, says Freedom Front Plus

A minibus taxi driver who allegedly ran down a 16-year-old girl on a scooter in Pretoria should be charged with murder, the Freedom Front Plus (FF+) said on Wednesday.

Bernadine Kruger was killed when a taxi hit her scooter and then ran over her while she was driving to school in Garsfontein at about 7am on Monday.

Conrad Beyers, FF+ councillor in the Tshwane metro, said his party obtained legal advice that the taxi driver may be guilty of murder.

”According to the legal principle of dolus eventualis, a transgressor who could envisage and reconcile himself with the fact that his actions may lead to someone’s death, but continues with those actions, may be guilty of murder,” he said in a statement.

”All information points to the fact that Bernadine’s death was not simply due to reckless driving, but that there was an element of intent to hit her motorcycle in order to force her out of the way of the taxi. Therefore this is murder and not culpable homicide,” Beyers said.

The FF+ also said an investigation should be launched into why the taxi driver was not arrested at the scene of the accident.

”It is unacceptable that taxi drivers always get the benefit of the doubt when they transgress the law. That is one of the reasons for taxi drivers’ reckless and callous attitude towards the law and their fellow road users.

”They simply act as if the law is not applicable to them.”

Meanwhile, AfriForum said a wreath-laying ceremony for Kruger would be held on Thursday, outside the Pretoria Magistrate’s Court.

It would coincide with the taxi driver’s court appearance. He was arrested on Tuesday.

The ceremony was intended to pay homage to Kruger and other victims of reckless minibus taxi drivers in South Africa.

AfriForum’s chief executive Kallie Kriel said the gathering would also be used to demand that authorities eradicate lawlessness and reckless driving among taxi drivers.

Police spokesperson Inspector Job Mashiane said the taxi driver had been charged with culpable homicide. — Sapa