A traffic officer serving a 10-year jail sentence for attempted murder following a road rage incident in Newcastle, KwaZulu-Natal, appealed his conviction and sentence as he argued his passenger fired the shots and not him.

Nhlanhla Tshabalala turned to the Pietermaritzburg High Court in a bid to appeal his conviction on three charges of attempted murder and his subsequent sentence meted out by the Newcastle Region Court.

The issue of the doctrine of common purpose came under the judicial spotlight during the appeal, with Tshabalala arguing that he cannot be held accountable for his passenger’s actions.

One of the injured people in the other car, Bonginkosi Zondi, testified that on the day in question, he was driving with his wife and another passenger, Dumisani Buthelezi. It was getting dark, and he came across a stationary Golf vehicle on the road, with its doors open.

He stopped and saw Tshabalala talking to a woman on the right-hand side of the road. He asked Tshabalala to move his vehicle, as he could not pass. An argument ensued, and Zondi eventually drove around the vehicle.

He later saw the lights of a speeding car approaching from behind. When it came close, he recognised it as the stationary vehicle that they had passed. The car slowed down next to his, and the next moment, about five shots were fired at his vehicle.

Both he and Buthelezi were hit in the legs, while the other vehicle sped off.

Days later, he was told by his wife that there were people outside the house. He recognised the one who had told them to drive around the vehicle. He identified himself as Bongani Khumalo and said he came to apologise on behalf of his brother, Tshabalala. Khumalo said Tshabalala was the one who had fired the shots.

Tshabalala, during his testimony, confirmed that he had parked next to the road and that the other vehicle had to pass his vehicle. The driver of the other vehicle scolded him about the way he parked his car, and there was an argument, he said.

Tshabalala explained that he later came across the vehicle that had passed him, and he intended to overtake it.

According to Tshabalala, his brother then, out of the blue, fired shots at the vehicle. He asked him why he was firing, and his brother said that it was warning shots.

Tshabalala said he drove on as he had no idea at the time that anyone was injured. He stated that he did not report the incident because his brother, who fired the shots, was supposed to do so.

On appeal, Judge Pieter Bezuidenhout said the shots came from Tshabalala’s vehicle, and it does not matter who fired them. 

Tshabalala slowed his vehicle down so that he could be parallel with Zondi’s vehicle; thus, he knew what his brother was going to do. The fact that Tshabalala was a traffic officer makes matters even worse, the judge said.

“One cannot, merely because of an altercation or a disagreement, especially on the roads, go to the extent of shooting at other people. The roads should be safe for everyone to travel on, and it is actually more worrying that the appellant, as a traffic official, associated himself with such conduct and by losing his temper,” the judge said in turning down the appeal.

zelda.venter@inl.co.za

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