'I had right of way,' claims driver charged for death of 13 taxi passengers

A witness in the matter against Fikile Ginyizembe, 43, whose bakkie collided with a minibus taxi, resulting in the death of 13 people in 2009, told the Mthatha magistrate court that she was with Ginyizembe at the time of the accident and they had right of way.

Ginyizembe faces 13 counts of culpable homicide, with first alternative charges of 13 counts of reckless and negligent driving and a second alternative of  inconsiderate driving.

The accident happened at the Errol Spring Avenue and Tutor Ndamase Road intersection near Ikhwezi township in Mthatha.

Ntombenkulu Sihentshe testified that the accused had made observations at the intersection.

“As we were about to turn right at the intersection towards Vulindlela Industrial Park, the traffic light was green and that shortly after turning I heard a bang on my side of the vehicle,” said Sihentshe.

The matter was postponed to May 16 for closing arguments.