A criminal law expert described the sentence received by a member of the South African Navy, after smashing into a cyclist and driving off, as a lenient one.
Dr Llewelyn Curlewis of the Faculty of Law at the University of Pretoria said a sentence should serve as a deterrent and a message to the community.
On Thursday March 20, the Simon’s Town Magistrate’s Court dealt Dewald van der Westhuizen a blow when Magistrate Afzal Vallie fined Able Seaman Garth Pasha R13 000 after he hit Mr Van der Westhuizen with his car and sped off in December 2023.
National Prosecuting Authority spokesman Eric Ntabazalila said Mr Pasha was sentenced to
R20 000 or 12 months’ imprisonment of which six months is suspended for five years for reckless driving.
On the second count, he was sentenced to three months imprisonment or a fine of R3 000.
However, Dr Curlewis said while he could not comment on the specific case, many factors such as the financial situation of an accused, and whether he is a first-time offender, among others, are taken into consideration before a sentence is handed down.
Mr Pasha was also given the option to pay the fine in installments and will retain his driver's licence and the right to carry a firearm.
Mr Pasha was initially charged with attempted murder, reckless and negligent driving and driving under the influence.
However, in November last year, the charges were changed to reckless driving and leaving the scene of an accident. Mr Pasha pleaded guilty to both charges.
Mr Van der Westhuizen said he was disappointed with the verdict and that there was “no justice in this country.”
He said they had been told by the prosecutor that imprisonment would be an unlikely sentence but that house arrest was an option.
“We would have settled for house arrest but a fine that he is allowed to pay off….” he said, adding that it infuriated him that people can’t get a loan to study but you can almost kill someone and pay off your fine.
He said they had a “fool-proof case.”
“In this country you can have all the evidence and the guilty party still gets away,” he said.
Cyclists Trevor Joseph and Renford Brand, both who had been victims of a hit-and-run, with Dewald van der Westhuizen, right, outside the Simon's Town Magistrate's Court.
Image: Supplied
Cyclist Renford Brand, who had been a victim of a hit-and-run twice - one in 2010 in which he lost his leg, and another in 2017 in which he was seriously injured - said the sentence was totally inadequate.
“This sentence serves as no deterrent against hit-and-run drivers and once again no justice is served. SAPS and the courts don’t seem to take these crimes seriously where the element of intent is always present by intentionally driving away from the victim,” he said.
Pedal Power Association CEO Neil Robinson described the sentence as derisory.
He said the association was “extremely concerned” at the contemptible sentence handed down to Mr Pasha.
“In many cases in South Africa, the punishment does not fit the crime. This is a perfect example. No matter the mitigation or aggravation in this case, we feel the sentence is sorely lacking in severity,” he said, adding that the association was of the opinion that it sent the wrong message to would-be criminals.
“It lets them know that they can break the law in an egregious fashion and little to nothing will happen to them.”
He said law-abiding cyclists who are following the laws of the roads should not be as vulnerable as they currently are on our roads.
“They are literally taking their life in their hands when they leave for work or school or are out on a training or fun ride. This should not be how we must live our lives.
“We strongly urge SAPS, the traffic authorities, and all prosecuting bodies to take a more serious look at what is happening on our roads as far as vulnerable road users are concerned. The current situation is intolerable.”
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