As South Africa grapples with the tragedy of 12 school children who lost their lives in a tragic crash this week, the country is reminded of the 22 lives lost four years ago in a similar fashion in Pongola, Kwa-Zulu Natal.
On Monday, 12 children died instantly when the minibus taxi they were travelling in crashed head-on with a truck.
The driver of the minibus, 22, survived and has been charged with culpable homicide. Three others are recovering in the hospital.
The Pongola crash took place on September 16, 2022 – a light delivery vehicle had been transporting children home from school when the driver travelled in the oncoming lane, crashing into a truck.
Twenty school children and two adults were killed.
Sibusiso Siyaya, the driver of the truck, fled the scene and was later arrested.
Siyaya was initially charged with culpable homicide, which was later changed to murder.
In May 2024, he was sentenced in the KwaZulu-Natal High Court in Pongola to a 20-year jail term.
He was also found guilty of reckless and negligent driving, as well as failing to perform the duties of a driver after an accident.
According to the National Prosecuting Authority (NPA), Siyaya was employed as a heavy vehicle driver transporting coal from Mpumalanga to the Richards Bay Coal Terminal in KwaZulu-Natal.
“On 16 September 2022, he collected a load of coal in Mpumalanga and made his way towards the coal terminal in Richards Bay,” NPA spokesperson Natasha Ramkisson-Kara previously said.
“En route, Siyaya drove recklessly, often overtaking several vehicles over the double barrier centre median and onto the oncoming lane, causing oncoming vehicles to take evasive action to avoid a collision with his vehicle.”
During the trial, State Advocate Krishen Shah led evidence from 12 witnesses and relied on three expert testimonies.
The state also presented CCTV footage, GPS data, and technical and mechanical evidence.
Victim impact statements described families’ profound grief, including one mother who lost all her children.
Explaining the sentencing, Ramkisson-Kara said the court found the murder counts occurred in a single act.
Siyaya was sentenced to 14 years for the murders, three years for reckless and negligent driving, and six years for failing to perform the duties of a driver after an accident.
Sentences for reckless driving and failure to perform duties were ordered to run concurrently, resulting in an effective sentence of 20 years.
Siyaya’s driver’s licence was cancelled.
At the time of the crash, the-then Transport Minister Fikile Mbalula visited the scene and released an accident report.
He confirmed that 18 children, aged five to 13, and a teacher died when the truck collided with the delivery vehicle.
“The driver was reckless, overtaking on a barrier line and driving in the oncoming lane for 1.2km. He never attempted to return to his lane,” Mbalula said.
He also condemned the illegal transport of passengers at the back of goods vehicles and called for increased law enforcement.
Mbalula announced a R2.5 billion road-widening project in the area, with designs expected by year-end, and extended condolences to the families, saying he would attend the mass funeral.
Meanwhile, the recent horror crash involving scholar transport and a truck has sparked renewed concern over safety concerns on the roads.
Gauteng Premier Panyaza Lesufi confirmed on Tuesday that the vehicle involved was operating with an expired professional driving permit (PDP).
The 22-year-old taxi driver involved faces 12 counts of culpable homicide and charges of reckless and negligent driving.
He is expected to make his first court appearance at the Vanderbijlpark Magistrate’s Court on Thursday.
Families affected by both tragedies continue to struggle to come to terms with their loss.
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