It has taken the National Prosecuting Authority (NPA) more than a year to decide which court should hear the case of a Garden Route man accused of culpable homicide after a fatal car accident.
Gareth Webster, 41, is accused of reckless and negligent driving after a collision involving his Audi SQ5 performance SUV and a Kia sedan, driven by 41-year-old Danielle van Jaarsveld, on November 6, 2022.
Van Jaarsveld’s sister Desiree Keating, said she wants justice for her sister. “Webster was speeding when he hit the car carrying my sister and our brother’s girlfriend, Monique van Zyl.
“We did an analysis of the scene of the accident. He was travelling at faster than 100km/h when they hit. That road is a 60km/h zone.”
She claims Webster was taken from the scene in an ambulance without ever undergoing a breathalyser test. “When they arrived at the hospital in George, he had friends waiting for him. He left without being admitted, so there was no alcohol test done on him.
“A few months after the accident, Webster advertised a 4x4 day on social media. The hook line was that every driver must stop at the basecamp pub for a beer on the way back. This is not someone who understands the responsible use of alcohol.”
The Sunday Times has seen a screen grab of the ad.
Monique van Zyl, 32, was Van Jaarsveld’s passenger on that day.
“We were very close. I have been her brother’s girlfriend for 13 years. We drove to Knysna and had lunch with Danielle’s husband and brother-in-law,” said Van Zyl.
“I had one cocktail but Danielle had nothing. She’s never been big on drinking. She would get giggly if she even just looked at a glass of wine.”
After lunch, the two women headed back to Sedgefield. “It was such a lovely day that we decided to go take a walk on the beach. I remember us driving out of Knysna. The next thing I remember is waking up in the hospital, and they are stitching up my arm.”
She was badly hurt.
“Lots and lots of stitches and scrape marks on my face and body. My hipbone had broken through my pelvis socket. Today, I have several plates and screws inside my body. I basically had to learn to walk again in therapy and rehab over a two-year period. It was a very painful and tough journey.”
She wants justice.
“It feels like everything is just frozen in time. How can someone so special be ripped from all our lives, and there’s no consequence for the person who did the damage?”
She has never spoken to Webster.
“His lawyer told a local paper that he reached out to us and said how sorry he was, but he never spoke to me. The few times I saw him in court, he avoided eye contact.”
Webster declined to comment. “This is an ongoing case, and I can’t comment on anything without my lawyer. There’s evidence that will come to light that the other people don’t know about,” he said.
He refused to supply the details of his lawyer.
Barry Bateman, spokesperson for AfriForum’s private prosecution unit, said the case had initially been provisionally withdrawn.
“It was only after we intervened in April 2024 that the NPA decided last August to prosecute Webster.”
But the case had yet to be enrolled. More than a year later, the choice between regional and district court still hasn’t been made. “Either the Western Cape director of public prosecutions is incapable or unwilling to make the simple decision,” he said.
“Either way, it exposes the collapse of the criminal justice system, and the incapacity of NPA officials who are expected to ensure justice for victims of crime.
“It’s been three years since the crash, and the matter has not gone to trial because the NPA can’t decide whether it should be heard in the district court or the regional court. It’s farcical.”
When the Sunday Times approached the NPA for comment earlier this month, spokesperson Eric Ntabazalila said a decision “will be forthcoming”.
He said: “A final decision will be communicated on or before November 7 [this year].”
On November 7, he said the case would be “in the district court for now until a decision has been made to transfer the matter”.
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