KNYSNA NEWS - The parents of the 14 Rheenendal children who died on their way to school when their bus plunged into a river outside Knysna four years ago, are shocked after the news that no one would be prosecuted, despite the fact that an inquest into the accident revealed that negligence contributed to the horror crash.
On August 29 last year, the Knysna Magistrate's Court found several people's negligence contributed to the tragedy.
The inquest followed the accident on August 24, 2011 which claimed not only the lives of 14 Rheenendal Primary School children, but also the 65-year-old bus driver Tiaan Colin Payle when the African Express Tata school bus they were traveling in plunged into Kasat-se-Drift outside Knysna.
Magistrate Derek Torlage found that there was prima facie evidence that the Western Cape Education Department, the testing station that issued a roadworthy certificate for the bus, the bus company owner and the driver had been negligent and that this had contributed to the disaster.
The matter was referred to the Director of Public Prosecutions (DPP) for a decision whether bus company owner Praveen Singh and testing station owner Eugene Labuschagne should be prosecuted.
About TJ’s Test Station, which issued the roadworthy certificate for the bus just weeks before the accident, Torlage said that test officers should have ensured that the bus was fit for purposes of transporting passengers.
Torlage found a certificate was issued despite several problems with the vehicle, including an ineffective right rear brake, cracks in the chassis and issues with the steering, clutch and gear lever when the test was carried out mere weeks before the crash. He said that there was therefore contributory negligence on their part.
He added that negligence on the part Singh could also not be excluded as the general condition of the bus was “very poor” and that no preventative maintenance had been done.
The parents’ legal representative Jerald Andrews said that despite Torlage’s findings, the DPP had decided not to prosecute.
Andrews earlier said that he would continue with civil claims and that the necessary documentation to proceed with these was in its final stages.
Cornelius Davidson, who lost his 17-year-old son Ashwell in the crash, said that for him and the other parents it is not about receiving financial compensation, it was about “getting justice”.
“Our children lost their lives in the tragedy and no money will bring them back. We want someone to be held accountable for what happened,” Davidson said.
He added that the news of the DPP’s decision came as a shock. “There was such strong evidence presented in court that we are surprised to hear about the decision.”
Read previous articles here:
Bus and driver blamed for Rheendal tragedy
Rheenendal: Families remember loved ones
ARTICLE: YOLANDé STANDER, KNYSNA-PLETT HERALD - CORRESPONDENT
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