Bail for man in scholar transport crash pains family

We’re in grief, Nkosinathi was still young and a breadwinner – cousin

Thulani Mbele Running Matters
Gert van Emmenis, who was involved in the crash that claimed the lives of 11 pupils, received a R20 000 bail.
Gert van Emmenis, who was involved in the crash that claimed the lives of 11 pupils, received a R20 000 bail.
Image: Thulani Mbele

A family of a man who together with 11 schoolchildren burnt beyond recognition after a bakkie driver rammed into their vehicle said seeing the accused released on bail was painful but they were leaving everything in the hands of the law.

Nkosinathi Maphukade was taking the children to school last Wednesday when Gert van Emmenis rammed into them with his white Ford Ranger bakkie. Maphukade's vehicle overturned and burst into flames. He along with the children burnt to death.

The children are Reneilwe Hlalele, 7, Hlompho Hlalele, 10, Thato Hlalele, 8, Sihle Hlalele, 12, Thandeka Mtyilibe, 9, Reabetswe Rabodiba, 7, Katlego Morebudi, 12, Junior Mankofu, 13, Tshiamo Makinta, 9, Khothatso Sesing, 9, and Olesego Khesa, 12.

R20 000 is too little. He is going to go drink whisky with his children, what about the other families? They have to bury their children. Who is going to help them?
Nkosinathi Maphukade's friend, Patrick Rampai

Van Emmenis, who appeared at the Fochville magistrate’s court on Thursday, is facing 12 counts of culpable homicide and one of reckless and/or negligent driving.

Dressed in a black suit, white shirt and a black tie, 55-year-old Van Emmenis walked very slowly to the dock to apply for bail. His lawyer, Adv Abrie van der Merwe, argued for R10,000 bail for his client, saying he could pay immediately. 

Prosecutor Solomon Taueatsoala did not oppose bail, saying it was because Van Emmenis’s address was verified. However, he asked for bail conditions. “The state does not oppose bail in this matter, but we ask that there be conditions,” he said.

“The accused person must hand over his passport to the state, and he needs to make an application for the passport when he needs it. He must not make contact or interfere with the witnesses.”

The magistrate then granted Van Emmenis R20,000 bail. After bail was granted, Van Emmenis walked slowly to a waiting car flanked by his brother and lawyer.

As he went home, Maphukade's family said they were dealing with a huge loss. “He was still young and the family has lost a breadwinner. There’s nothing we can say, we are not the law. We are in pain. It was painful to see him [Van Emmenis]. We have to leave it in the hands of the law,” said Maphakude’s cousin Lungisa Mkrokrelwa.

Maphakude's friend, Patrick Rampai, expressed his frustrations about the amount of bail Van Emmenis got, saying R20,000 was too little for 12 lives.

“R20 000 is too little. He is going to go drink whisky with his children, what about the other families? They have to bury their children. Who is going to help them?”