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E122K FINES FROM DRINK-DRIVING

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MANZINI – The Manzini and Mbabane Magistrates Courts collected over E122 200 in fines  from drink-driving offenders this past weekend only.

In Manzini, the court collected about E107 200 from fines imposed on drink-driving offenders who were sentenced to fines ranging from E5 000 to E8 000, depending on the number of counts they faced. They appeared before Principal Magistrate Florence Msibi. She noted that the fines were imposed in an effort to reduce the number of drink-drivers on the roads and the resulting accidents. Among the traffic offenders was Lucky Patrick Hlanze, a 36-year-old from Big Bend. Hlanze appeared facing three counts of contravening the Road Traffic Act 6 of 2007. According to the charge sheet, in count one, the accused, being a driver of Chevrolet Corsa registered ND 909105, wrongfully and unlawfully drove the said motor vehicle at or near Manzini Remand Centre, along Dr Hynd Public Road, in the Manzini Region, while under the influence of intoxicating liquor. The offence was committed on Saturday. He contravened Section 91 (1) as read with Section 122 (2) of the said Act.

Stipulated

The particulars of the offence stipulated that he failed to comply with a stop sign, failed to keep left, as well as that he was mumbling when talking and was staggering. It further revealed Hlanze had a strong smell of liquor coming from his mouth with a reading of 0.89 milligrammes per litre above the legal limit of 0.38mg per litre.  Count two highlighted that the accused wrongfully and unlawfully drove the said motor vehicle and failed to carry his driver’s licence with him in the motor vehicle. For this offence, he was said to have contravened Section 23 (1) as read with Section 122 (1) and Section 122 (7) of the Road Traffic Act.

In count three, the accused contravened Section 16 (2) as read with Section 122 (7) of the Road Traffic Act 6 of 2007, in that he wrongfully and unlawfully drove the said vehicle on the said road, while it was unlicensed. When his rights to legal representation was explained to him, the accused chose to represent himself. He pleaded guilty to all counts. In mitigation, he appealed for the court to be lenient. He said he was employed with children who were dependent on him. He claimed that this was his first brush with the law. The accused was sentenced to two years imprisonment with an option to pay a fine of E5 000 in the first count, and six months imprisonment or a fine of E800 in count two. In the third count, the accused was sentenced to six months in prison or a fine of E800.

Sentences

The sentences are to run consecutively, which essentially means he was sentenced to three years in prison or a fine of E6 600. Ncamiso Zwane, an employee of Matsapha Airport, was also meted with a sentence of two years in prison or a fine option of E5 000, in that he drove a VW Polo sedan at Zakhele, along Tenbergen Street, while under the influence of intoxicating liquor or drugs on Friday. The accused was said to have been staggering, driving against the flow of traffic and overtaking on an intersection. He also reportedly had a strong smell of liquor from his mouth with a reading of 0.83mg per litre, above the legal limit of 0.38mg/l.

The accused, during mitigation, revealed that he was an employee at Matsapha Airport and took care of his siblings’ children. He said he was apologetic for committing the offence and stated that he stood to lose his job. He apologised to the court and appealed for a lenient sentence. A traditional healer by the name of Daluthando Gcina Mamba, faced one count of contravening Section 91 (1) as read with Section 122 (2) of the Road Traffic Act 6 of 2007, in that being the driver of a Mazda Demio registered CSD 149 DM, he drove it while under the influence of intoxicating liquor or drugs. He drove the said vehicle at or near Zakhele Remand Centre, along Tenbergen Street on Friday. He was sentenced to two years imprisonment or a fine of E5 000.

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Should the drink-driving fine be increased to E15 000?