The transport MEC authorities are exploring serious criminal charges against the driver, moving beyond typical culpable homicide charges.
The driver of a bus that plunged more than 50 metres from a bridge near Tongaat, killing three people and injuring twelve others, is alive and being monitored by police in hospital as authorities investigate potential criminal charges including murder.
Speaking to the media at the scene, KwaZulu-Natal Transport MEC Siboniso Duma revealed that the driver survived Tuesday morning’s devastating crash on the R102 near Maidstone Sugar Mill and is receiving medical treatment while under police supervision.
The bus was fully loaded with passengers when it careened off the Maidstone Road bridge in what preliminary investigations suggest may have been caused by brake failure.
Criminal charges being considered
Duma indicated that authorities are exploring serious criminal charges against the driver, moving beyond typical culpable homicide charges to potentially more severe penalties.
The MEC explained the legal framework governing such cases during a media briefing at the crash site.
“Once we ascertain that the recklessness from the bus company and the driver matters, we want to envisage it because we can’t have our people being lost on the ground, losing their lives as a result of failure from those who are greedy or from those who are not complying and adhering to the prescript of the law.”
The MEC emphasised that if deliberate contribution to the accident is established, murder charges rather than culpable homicide would be pursued, noting that “if you’ve contributed deliberate[ly] on the accident, you must not to be charged with culpable homicide, because usually you arrive at the destination of a lesser sentence.”
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Brake failure suspected in Tongaat bus crash
Initial investigations point to mechanical failure as the primary cause of the tragedy, with brake failure emerging as the leading theory.
Duma confirmed that mechanical failure is “at the top of the edge of what we are told about” regarding the incident’s cause.
The provincial transport department conducted immediate roadworthiness checks on the vehicle, examining permits and documentation as part of standard protocol.
Duma stressed the importance of ensuring accurate information given the sensitive nature of the accident.
“At this point in time, we want to be accurate on the information and ensure that we speak on the principle of preliminaries because we remain with the sensitive matters, as in the accident. Once you have the lost people, you just have to articulate what is correct,” he said.
KwaZulu-Natal Transport MEC Siboniso Duma says the driver of the bus that plunged over a bridge in Tongaat and killed three people is being monitored by the police in hospital.
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Hospital updates and community concerns
IPSS Medical Rescue spokesperson Kelsey-Jae Merick confirmed the casualty figures, stating that “reports from the scene so far indicate that at least three people are deceased and twelve have sustained serious injuries in the bus accident.”
Several of the injured passengers have since been discharged from hospital, while others remain under medical care.
The R102 highway remains closed to traffic as emergency operations continue at the crash site.
Local community members have raised concerns about the bridge’s safety infrastructure, questioning whether the current railings provide adequate protection.
Residents indicated this was not the first incident of a vehicle breaching the bridge barriers, suggesting concrete walls might be more effective than the existing rail system.
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Department response and safety measures
Duma addressed community safety concerns, explaining that the engineering department would assess the bridge’s structural integrity and safety features.
He noted that while the province maintains regular vehicle inspection protocols, some operators continue to run services without proper permits.
“The department procedural – whether it’s a truck, whether it’s a vehicle – the registration goes past to the department, which is why we’ve got almost way bridges in the entire province of KwaZulu-Natal. Before the bus is on the road, it must be roadworthy; it must be given the permit just to be on the road,” Duma explained.
The MEC acknowledged that enforcement remains challenging, with traffic officers regularly conducting roadside inspections to ensure compliance with safety regulations.
During the day, authorities continued gathering evidence at the scene while the bus awaited removal for technical analysis.
The Roads Agency Limpopo (RAMS) took control of the technical investigation to determine the exact cause of the mechanical failure.
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