ABOUT 26 public transport operators, ferrying school children otherwise known as bomalume appeared before the Mbabane Magistrate’s Court for overloading, violating the Road Transportation Act.
The drivers were arrested during a roadblock at Sidwashini.
They were subsequently brought before Magistrate Xolile Nxumalo to answer separately on charges of unlawfully carrying more passengers than their vehicles were certified to transport.
The first accused, Sibusiso Matsebula (30) of Mpolonjeni, was charged with driving a quantum minibus along the MR Public Road while carrying 27 passengers instead of the authorised 15, thereby overloading by 12 passengers. When the charge was read to him, Matsebula elected to conduct his own defence and pleaded not guilty.
“I did not overload by 12 passengers. I only had five extra children in the vehicle,” he told the court, explaining that the rest of the children had been dropped off by another vehicle and were merely passing by when police stopped him. Following his explanation, the Crown amended the charge to reflect that he had overloaded by five passengers, to which Matsebula pleaded guilty.
During mitigation, Matsebula told the court that he was the breadwinner in his family and had two children who depended on him.
“My children keep calling, asking me to buy them school shoes,” he said. He also blamed pressure from employers for the offence, stating, “sometimes our bosses pressure us to meet daily targets and that is how these offences are committed.”
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The court sentenced Matsebula to three months imprisonment, with an option of E500 fine.
Another driver Mxolisi Mhlanga (32) from Nkhaba also appeared before the same court after he was found driving a Toyota quantum carrying 20 passengers instead of the permitted 15.
Mhlanga pleaded guilty and apologised to the court. “I have minor children who depend on me,” he told Magistrate Nxumalo in mitigation. He was sentenced to eight months imprisonment with a fine option of E1 200.
In a similar matter, Mlondi Nhlabatsi (28) of Manzana was arrested after being found transporting 27 passengers in an Iveco sprinter certified to carry only 22 passengers. He also elected to represent himself and pleaded guilty. Nhlabatsi told the court that overloading was common in rural areas due to lack of transport.
“Transport in rural areas only runs at specific times and old women often make children sit on their laps, which causes overloading,” he alleged. He added that he had recently been employed and promised to follow road safety rules going forward.
Magistrate Nxumalo sentenced him to four months imprisonment with an option of E600 fine.
