MURDER CHARGE SENDS STRONG MESSAGE TO TAXIS
The Freedom Front Plus says changing the charge against the taxi driver responsible for the death of Bernadine Kruger to murder is a victory for all road users who suffer from the reckless and callous behaviour of taxis on South African roads on a daily basis.
This follows after the charge against Mr. Percyval Matji was changed to a murder charge today in the Pretoria Magistrates Court.
According to FF Plus councillor in the Tshwane metro council, Conrad Beyers the decision is also a victory for constructive politics in South Africa.
"This proves that by pro-active action a political party such as the FF Plus can have a very strong influence on the decisions made by the government and its institutions. If the FF Plus did not send the official request to the NPA, the death of Bernadine Kruger would forever have been regarded as a mere accident in the court records", Beyers said.
In February the FF Plus decided to officially request the NPA to change the charge to murder, based on legal advice of Adv. Anton Alberts. Adv. Alberts advised the FF Plus that the principle of dolus eventualis is applicable in this case. According to this principle a transgressor who could envisage and reconcile him with the fact that his actions may lead to someone's death and still continues with his actions, may be found guilty of murder.
The FF Plus also commended the NPA for their professional handling of the matter. The FF Plus sent a letter of congratulations to Adv. M. Luphondo, the NPA's Chief Prosecutor in the Gauteng-North Cluster. Adv. Luphondo handled the FF Plus' request and it was on his recommendation that the charge was changed.
According to the FF Plus the murder charge will send a very strong message to the South African public as well as taxi drivers. "Bernadine's family, with whom the FF Plus has regular contact, will now also feel that justice is served", Beyers added.
Bernadine Kruger, who was on her way to the Garsfontein High School , was probably a frustration for Matji on the road and this is why he did not reduce speed even though he realized at what speed his minibus was approaching her scooter. He also continued to hoot at her and more than once drove recklessly close to her at a high speed before hitting her. According to reports, a passenger who was in Matji's taxi during the events, as well as declarations by other eyewitnesses, confirmed the allegations. There were no break marks on the scene confirming the suspicion that the taxi driver acted with intent.
Statement issued by Freedom Front Plus councillor Conrad Beyers, April 15 2009
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