Alleged drunk driver in court for crash that killed food delivery driver

Eighteen months after the deadly Easter weekend crash that killed Motheo Madihlaba, the person allegedly responsible has appeared in court. Jonas Moedigi Sebati made his first appearance in the Middelburg Magistrate’s Court today, where he was charged with culpable homicide and driving under the influence of alcohol. Madihlaba’s traumatised family feels as though the state has abandoned them.

Madihlaba, a fast food delivery driver, was working on 16 April 2022 when Sebati allegedly overtook two vehicles on a solid white line before colliding head-on into Madihlaba, who was on a scooter. He died on the scene. Several motorists witnessed the incident and further allege that Sebati was visibly intoxicated on the scene.

Madihlaba had worked at the restaurant for only a month, but was described by his employer as trustworthy, hardworking, and well-liked.

AfriForum’s private prosecution unit was approached by Granny Madihlaba, Motheo’s mother, in May last year because she was concerned that the case was not receiving the attention it deserved. It was then established that while Sebati was arrested at the scene, he was later released on R1 500 police bail and told he should return to the South African Police Service (SAPS) in April 2023.

The unit started writing to the National Prosecuting Authority (NPA) in May last year, questioning why the suspect had not yet appeared in court. It was said that the investigator was still awaiting the blood alcohol test results. The unit advised that Sebati could be charged with culpable homicide and drunken driving based on the various eyewitness accounts that described how the collision took place and his state of sobriety.

The NPA disregarded this advice and waited until May this year when it was confirmed that the results had been received. It took a further six months to have the case ready and summon Sebati to court.

A distraught Granny Madihlaba said after the court appearance that she was grateful for the unit’s support. “It has been a year since my son was killed, and nobody except the unit has been in contact with me. It is as if my child was a dog, and Sebati kicked the dog and simply carried on with his life,” she said.

Adv. Gerrie Nel, Head of the unit, said it was unfortunate that it took so long for the accused to be summonsed to court. “The legal maxim that justice delayed is justice denied, applies in this case. It is not always necessary to wait for blood alcohol results in a case when there is ample other evidence to support the charges. In this instance, there are numerous people who witnessed how Sebati was driving on the day, and they can also testify to his sobriety,” he said.

Nel urged the state to now proceed to trial so there can finally be justice for Madihlaba.

The matter was postponed to 29 January 2024 for disclosure of the docket to the defence attorney.