Magistrate Brian Nemavhidi also convicted them of racing on a public road and driving while under the influence of drugs. The guilty verdict was handed down at the end a long four-day judgment on Tuesday.
“The death of the deceased occurred as a result of the driving of those vehicles and as such accused are convicted of driving their vehicles while under the influence of drugs,” he said.
The court had to be called to order as the magistrate delivered his judgment. Besides looking around to his family once, Maarohanye showed little emotion, as did Tshabalala.
The families of the victims could not control their emotions. Last week, as Magistrate Brian Nemavhidi read out his judgment, family members of the schoolchildren broke down and were seen comforting each other. Prince Mohube, Mlungisi Cwayi, Andile Mthombeni, and Phomello Masemola, were killed.
Frank Mlambo and Fumani Mushwana were seriously injured. School children broke down and started crying when judgment was handed down, and one of the family members of those killed fainted. Jub Jub’s version of the accident was rejected by court.
The justice department welcomed the judgment. “The conviction is clear confirmation of justice not only done but manifestly seen to be done,” said justice spokesman Mthunzi Mhaga. “We commend the National Prosecuting Authority’s aggressive stance of charging irresponsible drivers with murder instead of the usual culpable homicide, which usually attracts non-custodial sentences” he explained.
Tshabalala, dressed in a suit, and Maarohanye, in a tan leather jacket and braided hair, barely looked at each other once during Nemavhidi’s summary.