MBABANE– A 41-year-old man who was arrested for transporting minor children without a permit denied he was in the business with ‘Bomalume’ for financial reward.
Mayibongwe Mkhatshwa who appeared before the Mbabane Principal Magistrate Fikile Nhlabatsi on Monday faced a charge stemming from an incident on March 26, 2025, at Maduma along Nkoyoyo Road.
Mkhatshwa was charged with violating Section 32(1)(a) of the Road Transportation Act 5 of 2007, a charge he denies.
Mkhatshwa who later had his matter stood down said he was not unlawfully operating his vehicle for financial reward while transporting primary school children, as changed.
It is alleged that he was driving his vehicle without an operating permit or a public driving permit when he was stopped by Constable Lukhele and Constable Zikalala.
Constable Lukhele, testifying in court said he recognized Mkhatshwa and saw him at Maduma driving a vehicle with primary school children inside. Lukhele stated he requested Mkhatshwa’s permits, to which Mkhatshwa allegedly admitted he did not have.
The officer testified that he then informed Mkhatshwa that transporting the public without the necessary permits and license was an offense.
When questioned by the Crown, Lukhele stated the vehicle was authorized to carry seven people but had “six to eight kids” at the time of the stop.
During cross-examination, Mkhatshwa challenged Constable Lukhele’s testimony, asserting the officer was not the one who stopped him and that Lukhele never approached his vehicle closely enough to see the children inside. Mkhatshwa said he had to go to the police van to receive the summons, where he found Lukhele inside eating.
Mkhatshwa further told the court on that day he was not transporting the children for reward as he was charged. He said he was on his way to Mpolonjeni, and that the mother of two children had simply asked him for a ride, as he was heading in that direction. He maintained there were only two children in his car, not ‘six to eight’ as alleged by the police.
Constable Lukhele, however, stood firm on his testimony, stating he had no reason to fabricate a story against the accused and was only telling the truth, aware of the consequences of lying under oath.
Meanwhile, in other traffic matters, three individuals were individually found guilty of contravening the Road Traffic Act by driving under the influence of alcohol.
One Alfred was fined E5000 or two years imprisonment for a blood alcohol content of 1.25mg/l.
Senzo Simelane was fined E5000 or two years imprisonment for a blood alcohol content of 1.63mg/l.
Mpendulo Dlamini was fined E5000 or two years imprisonment for a blood alcohol content of 2.00mg/l.
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