The drunk taxi driver who ploughed into Johannesburg cyclist Alex Otto in 2021, killing him instantly and then dragging his body under the vehicle for almost 300m, has been sentenced to eight years in prison.
Bongumusa Wellington Ngcobo — who ignored the screams of his passengers — tried to run but was apprehended by two security guards.
The court found Ngcobo guilty of culpable homicide, negligent driving, failure to render assistance and driving under the influence of liquor or drugs. Two years of the eight-year sentence were suspended.
While the outcome has brought closure to Otto's wife Janet and his friend Geoff Lee, who was injured in the incident, they do not see it as a victory.
“There’s no joy in justice. Nobody wins — his family loses too,” Janet told the Sunday Times.
“This is not about vengefulness, it’s about justice being served and a message sent to society. The case is closed. All that emotional energy is behind us now, and we can focus on Alex and our good memories. I know where he is and that he is happy,” she said of her husband, who was head of debt capital markets for SA Taxi.
Alex was a great proponent of the taxi industry. It’s sad and ironic that he died because of a drunken taxi driver
— Janet Otto, wife
“Alex was a great proponent of the taxi industry, and he would always tell people how much our country relies on taxis for people to get to work. It’s sad and ironic that he died because of a drunken taxi driver. Yet he would have been the first to forgive.”
Janet and Lee's wife Bronwen attended every one of Ngcobo’s court appearances, bar the first. Though the case was resolved relatively quickly, they experienced the legal process as “endless”, “traumatic” and “draining”.
“I was overwhelmed at the outcome on Tuesday [April 25]. I was at every court appearance at the Randburg magistrate's court and was expecting another postponement, when the final deal was struck. We were pleased that the magistrate rejected the initial five-year plea. Now this part of our grief journey is over,” Janet said.
Bronwen added: “It’s a relief to know it’s over. It was hard to know that (Ngcobo) was at home, doing his job, having two Christmases with his family while Alex was gone. We got to see him taken down to the cells, and he is gone. But nothing feels better.”
The incident happened in Kelvin in October 2021.
The number of cyclists who have died on South African roads is unknown, says Neil Robinson, CEO of the Pedal Power Association (PPA), a pro-cycling organisation involved in awareness and safety campaigns such as Talking the Bike at schools and Stay Wider of the Rider.
“Statistics are sketchy. We’ve approached national and provincial governments without success. All we have to go on is the reports we can find. The issue is massively underreported.
“There are minimal consequences for wealthy offenders who can afford expensive lawyers, and there are many hit-and-runs where a body is found on the side of the road at 5am with no witnesses,” Robinson said.
“People on bicycles are vulnerable and they are being dragged under taxis and cars. There are no easy solutions, but there need to be consequences and a massive culture change.”
He said the Stay Wider of the Rider campaign is lobbying for the national promulgation of a Western Cape bylaw that makes it mandatory for motorists to pass cyclists only when they have a berth of 1m or wider. Talking the Bike is an educational campaign at schools to teach children bicycle road safety and respect on the road for cyclists.
Bronwen told the Sunday Times she was woken by a call from her injured husband minutes after the accident. He told her Alex was “gone” and to get someone to drive her to the hospital.
“In my panic I had a flash of clarity. I called Geoff back and asked him to just be with Alex. I didn’t think of the implications when I asked Geoff to lie down next to Alex so he wouldn’t be alone. And that’s what he did. He continues to spare me from that experience, but I know it was something truly terrible.”
All of them now draw comfort from the autopsy report that found that Alex was killed on impact.
Bronwen said that on their way home from the hospital they stopped in to speak to newly widowed Janet, whom they had never met.
“I will never forget how brave Jan was.”
Geoff added: “The only person who could ever relieve me of survivor’s guilt was Janet. And she did that just hours after a crash that saw Alex take 95% of the impact. The first thing she told me was not to feel bad about that.
“You never get over something like this; you learn to accept and deal. I still get flashbacks, especially at night. But they don’t scare me any more.”
Lee's former schoolmate, cyclist Andre Piehl, and his training partner Jean Francois du Preez were hit by a car while riding in Lanseria on January 29 last year.
Bereaved wife Sharon Piehl is now waiting for the man accused of killing her Famous Brands executive husband to stand trial. Kabelo Nyatlo is alleged to have been driving his Porsche SUV at 130km/h in an 80km/h zone when he hit the pair.
You never get over something like this; you learn to accept and deal. I still get flashbacks, especially at night. But they don’t scare me any more
— Geoff Lee
“It is a tsunami of emotions and an excruciating journey,” Piehl said.
“I don’t want to think of Andre as a case number or lying in the road. He was a 6’5” giant of a man ripped from our lives. Now I long for peace and the chance to remember how he lived, not how he died.”
The trial is set to start in June.
In another incident, taxi driver Smangali Promise Msibi is charged with killing cyclists Janine Hopkins and Frans Duys.
Hopkins, deputy principal at Boksburg High School and Duys, owner of Tour De Frans Cycles, were known as Benoni's silver foxes because of their short grey hair. They were training on their tandem on November 30 2019 when they were hit.
Hopkins’s partner Dawn Burnett arrived in time to be with her as she died. Duys died in the ambulance.
“The previous trial date was March 30 and again it was postponed because the defendant's lawyer was on maternity leave. The magistrate said we mustn't get disheartened, but it’s been 41 months since the accident,” Burnett said.
“It’s very difficult to find statistics on these cases because nobody keeps a record and we believe less than half get reported,” said Cycling South Africa's Cheriese Willeit.
“We are in talks with the department of transport to create sustainable solutions for cyclists, and particularly bicycle commuters who are most at risk,” she said.
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