Alcohol test sees driver charged with murder

A DRIVER has been charged with murder after allegedly causing a crash that killed four children.

Lazarus Malatjie‚ 42‚ was charged with culpable homicide in September, but the National Prosecuting Authority (NPA) decided to change the charge to murder after his blood alcohol tests came back positive.

Malatjie allegedly drove into five children‚ killing four of them.

His blood alcohol level was almost six times the legal limit at 0.3g per 100ml. The legal limit is 0.05g.

The Road Traffic Management Corporation (RTMC) welcomed the murder charge.

“The NPA invoked the principle of dolus eventualis after laboratory tests proved that his blood-alcohol level during the crash was far above the legal alcohol limit,” RTMC spokesman Simon Zwane said.

Dolus eventualis was central in the Oscar Pistorius murder trial and means that an accused who foresees that someone may be killed‚ reconciles himself with that possibility and proceeds‚ is guilty of murder.

The case continues in the Johannesburg Magistrate’s Court on May 7.

RTMC chief executive Advocate Makhosini Msibi believes the charge shows motorists that drinking and driving will not be tolerated.

“This charge confirms our deeply held view that the prosecution of traffic offences should be tough to deter errant drivers and improve road safety,” he said.

“We are extremely pleased by the direction taken by the NPA and hope this will be applied consistently for dangerous and negligent driving cases.”