Is the justice system failing cyclists? Outrage over lenient sentence for SA naval officer in hit-and-run

The Pedal Power Association is outraged by the effective R13 000 fine imposed on the SA Navy official responsible for a hit-and-run crash which left a cyclist injured saying the punishment does not fit the crime.

Garth Pasha, 28, was arrested in 21 December 2023 after he rammed into Dewald van der Westhuizen, who was out cycling with his coach Mike Moriarty in preparation for a triathlon when the incident occurred. 

A CCTV camera captured the incident, which showed the two men cycling on Main Road Glencairn moments before the white VW Polo hit them and later drove off. Van der Westhuizen was seriously injured and had to be hospitalised and undergo several operations on his leg. 

Pasha, who was released on R5000 bail, had pleaded guilty to charges of reckless driving and failure to stop at the scene of the crash. Van der Westhuizen had testified about his long, painful road to recovery. 

The Simons Town Magistrate's Court fined Pasha R20 000 or 12 months' imprisonment with R10 000 suspended on condition that he not commit the same offence over the next five years. On count two, Pasha was fined R3000 or face three months imprisonment. His driver's and firearm licenses were reinstated.

“The PPA is extremely concerned and exasperated at the contemptible sentence handed down to Pasha in the case against Dewald van der Westhuizen in the Simon's Town Magistrates Court,” Neil Robinson, CEO of the Pedal Power Association said.

“In many cases in South Africa, the punishment does not fit the crime. This is a perfect example. No matter the mitigation or aggravation in this case, we feel the sentence is sorely lacking in severity. We believe it sends out the wrong message to would be criminals and lets them know that they can break the law in an egregious fashion and little to nothing will happen to them,” Robinson said.

Robinson said law-abiding cyclists who are following the rules of the roads should not be as vulnerable as they currently are on South Africa's roads. "They are literally taking their life in their hands when they leave for work or school or are out on a training ride or fun ride. This should not be how we must live our lives."

"We have a 1-meter pass law in the Western Cape. On this alone (and we believe there was strong evidence overall to suggest culpability), we believe the sentence was derisory,” said Robinson.

The PPA urged SAPS, traffic authorities and all prosecuting bodies to take a more serious look at what is happening on our roads as far as vulnerable road users are concerned. "The current situation is intolerable,” Robinson added.

Weekend Argus