A memorial service will be held on Friday to remember the victims of the Christmas Eve gas tanker explosion in Boksburg on Gauteng’s East Rand.
The tanker exploded after it got stuck whilst trying to pass under a low bridge about 100 meters from the Tambo Memorial Hospital.
27 people have since died, with 10 of them being healthcare workers from the Tambo Memorial Hospital.
Several children were also killed. One mother lost 4 of her children during the fatal blast.
Gauteng Premier Panyaza Lesufi and Ekurhuleni Mayor Tania Campbell will join the families as they pay their respects to the deceased at the Boksburg Civic Centre from 9am.
Gauteng Health spokesperson Motalatale Modiba says, “The memorial is really aimed at reflecting on what has happened but also to just honour the lives that have already been lost during this period. And to perhaps even to pray for those who are still in hospital for a speedy recovery.”
Memorial service for victims of Boksburg tank explosion to be held on Friday
Truck driver
Criminal Law experts believe there is nothing untoward in the police provisionally releasing the truck driver arrested in connection with the explosion incident.
The experts say it is in fact in the interest of justice that substantial evidence is gathered first to ensure a successful prosecution.
The 32-year-old truck driver was expected to make his first appearance in the Boksburg Magistrate’s Court on Wednesday 28 December.
Criminal Law expert from the University of Pretoria, Dr Llewelyn Curlewis says, “It is definitely in the interest of justice that the matter be provisionally withdrawn against the accused, pending finalisation of proper investigation done by the SAPS. Because once the accused is charged and has pleaded the matter will be withdrawn and obviously the accused could be acquitted which might not be in the interest of justice.”
In a tersely worded statement – Gauteng police spokesperson, Brenda Muridili, announced that the truck driver had been released pending further investigations.
“The suspect in the incident was arrested on the 24th of December 2022. He was however released on the 27th of December 2022. He was released by the police on warning. As soon as investigations are concluded the case will be sent to court for decision.”
This has raised the ire of the families of victims of the gas truck explosion. It has also angered members of the public who had been in court on Wednesday to get a glimpse of the truck driver.
“We are very disappointed in the manner and how this matter has been handled. I mean to learn from journalists when we have been here from the early hours. Now we have been denied the opportunity of knowing what really happened. We are saddened, by the lives of people lost. We had kids visiting families and they’ve lost their lives there.”
The gas explosion on Christmas Eve and the subsequent loss of life and damage caused to the property has made national headlines.
Ella Pieters, an attorney specialising in criminal law, says it could be that when police questioned the truck driver, he gave information that warranted further probing.
“He gave information to the police which made them decide to first do more investigation after which the docket will be handed to the National Prosecutions Authority to give guidance further or to make a decision as to whether they want to prosecute or not.”
An NPA representative present at the Boksburg Magistrate’s Court on Wednesday confirmed that they had not been furnished with a docket.
Criminal Law expert, William Booth, says that without any substantial evidence, the chances of a successful prosecution are diminished. He says that many factors need to be considered, including whether firefighters adequately cordoned off the area, warned onlookers to move away and evacuated nearby homes because of the presence of a dangerous substance. Booth says other considerations include whether Metro Police had helped with crowd control and did the Municipality ensure proper and visible traffic signage on the bridge.
“This is a huge case that is going to take a significant period of time to have a complete and utter investigation done. And I think the public must not just seek a scapegoat as tragic as this matter is. The public must be told, you can only charge somebody if there is evidence. So, there mere fact that the vehicle got stuck and the fact that vehicle exploded does not lead to the fact that the driver is responsible for all of that. There maybe be many other people that are responsible. And the driver may in fact not be.”
