A criminal law expert described the sentence received by a member of the South African Navy, after smashing into a cyclist and driving off, as a lenient one.

Dr Llewelyn Curlewis of the Faculty of Law at the University of Pretoria said a sentence should serve as a deterrent and a message to the community.

On Thursday March 20, the Simon’s Town Magistrate’s Court dealt Dewald van der Westhuizen a blow when Magistrate Afzal Vallie fined Able Seaman Garth Pasha R13 000 after he hit Mr Van der Westhuizen with his car and sped off in December 2023.

National Prosecuting Authority spokesman Eric Ntabazalila said Mr Pasha was sentenced to
R20 000 or 12 months’ imprisonment of which six months is suspended for five years for reckless driving.

On the second count, he was sentenced to three months imprisonment or a fine of R3 000.

However, Dr Curlewis said while he could not comment on the specific case, many factors such as the financial situation of an accused, and whether he is a first-time offender, among others, are taken into consideration before a sentence is handed down.

Mr Pasha was also given the option to pay the fine in installments and will retain his driver's licence and the right to carry a firearm.

Mr Pasha was initially charged with attempted murder, reckless and negligent driving and driving under the influence.

However, in November last year, the charges were changed to reckless driving and leaving the scene of an accident. Mr Pasha pleaded guilty to both charges.

Mr Van der Westhuizen said he was disappointed with the verdict and that there was “no justice in this country.”

He said they had been told by the prosecutor that imprisonment would be an unlikely sentence but that house arrest was an option.

“We would have settled for house arrest but a fine that he is allowed to pay off….” he said, adding that it infuriated him that people can’t get a loan to study but you can almost kill someone and pay off your fine.

He said they had a “fool-proof case.”

“In this country you can have all the evidence and the guilty party still gets away,” he said.

#hit-and-run

Lenient sentence for hit-and-run driver sends troubling message to criminals