Boksburg blast: Police working to tighten case against driver

A senior prosecutor at the Boksburg Magistrate's Court, where the suspect was set to make his first appearance on Wednesday, said the 32-year-old suspect was let free after the Gauteng police's head of detectives took the docket from the Boksburg police station and found there was insufficient evidence to charge him.

The prosecutor, who opted not to be named, said they had not been handed the suspect nor the docket and could therefore not prosecute.

At the same time, Gauteng Premier Panyaza Lesufi said while he is disappointed by this development he has been briefed by the police on the reasons for the decision.  

He said it’s in the interest of justice.

“I immediately sought an explanation from the police and NPA [National Prosecuting Authority] and they gave me a detailed explanation; one being that if a person has been arrested, they need to appear within 48 hours, and they are of the view that the evidence that they have it will be extremely difficult to have the necessary documents that can make the magistrates take a decision.”

He adds that the police were only ready with reckless driving and destruction of public property charges.

“They [the police] really believe that with the number of deceased, that may be a lighter charge and they really want to gather the necessary evidence. The owner of the truck is cooperating, and they are of the view that the suspect will reappear in court,” Lesufi said.

COMMISSION OF INQUIRY

Premier Lesufi also revealed the Gauteng government is prepared to institute a commission of inquiry into the deadly tanker crash.

“The constitution of the country empowers me as the premier of the province to appoint a commission of inquiry on this matter. I am ready to do so if I sense that there is a delay one way or another because I owe it to these families to give them answers."

Lesufi said they will allow the police and other relevant authorities to conduct their investigations, but he warned he will not tolerate any delays as families of the deceased and injured victims seek answers.

The premier confirmed the driver and the company continue to fully cooperate with authorities, and the company has also offered to assist bereaved families.

Meanwhile, former drivers from Infinite Transport – the trucking company that owns the tanker – blamed the introduction of the employment agency Innovative Staffing Solutions for the tragedy.

Peter Mofokeng said he’s among 50 experienced drivers that were laid off in September after pushing back against the appointment of the company. 

He claimed within a month they had been replaced by drivers he alleges may not have been adequately trained.

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Mofokeng said he believes the blame should not lie squarely on the driver, as the controllers should have raised the alarm when the truck deviated from the planned route from Richards Bay to Botswana, resulting in the blast occurring in the Plantation residential area.

He urged the driver to “not go down alone”.

While Mofokeng’s claims remain untested, ISS’s Arnoux Mare has told the media the driver in question has years of experience in transporting hazardous material.