Drink driving offenders now face lighter sentences after a High Court ruling last week reduced a fine to E800, from the previous E5 000 range.
On Monday, several offenders appearing before the Manzini Magistrate’s Court were sentenced to six months imprisonment or an option of E800 as fine.
Among them was Tenele Mahlalela (37) of Khuphuka who was arrested on January 31, at around 10:25 pm along the Mliba/Khuphuka D1 public road.
She was charged with contravening the Road Traffic Act of 2007 after a breathalyser test showed a reading of 0.67 mg/l.
Mahlalela who was nabbed driving a Honda Fit sedan pleaded guilty and told Magistrate Philisiwe Simelane that she was not a habitual drinker, but had consumed alcohol as part of a cultural family tradition.
She pleaded for leniency explaining that she was unemployed, had four minor children and relied on her husband’s income.
Magistrate Simelane sentenced her to five months imprisonment or a fine of E500.
Previously, magistrate courts imposed fines of up to E5 000, depending on alcohol levels, with principal magistrates presiding over most drink driving cases.
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However, following a High Court appeal by Daniel Dlamini, Judge Bongani Dlamini reduced his two year sentence and E5 000 fine to six months’ imprisonment or an E800 fine.
Sources claimed that principal magistrates have stepped back from handling routine drink driving cases, delegating them to junior magistrates unless a plea of not guilty is entered.
Several offenders appearing before the Mbabane Magistrate’s Court have also been fined less than E1 000, which is reduced from previous ‘harsher’ sentences.
While the ruling has been welcomed by some, others warn of serious consequences.
A source close to the judiciary said: “The reduced fines could lead to an increase in drink driving, which contributes to reckless driving and accidents. The E5 000 fine was introduced as a strong deterrent, sending a clear message that drink driving would not be tolerated.”
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