Long Opinion

FACTS

Praveen Singh is a first year law student at the University of KwaZulu Natal. On the late evening of 20th August 2000 on Cherry Lane in the district of Durban, province of KwaZulu Natal Praveen Singh was driving a motor vehicle and was in a collision with Mr Sepumle. He (Mr Singh) attended a party at a friends' house where he consumed between 4 and 5 beers. Mr Singh then thought he was fine to drive a motor vehicle and take a friend home. Mr Singh was travelling home when he came across a slower vehicle on the road (a taxi), to which he tried to overtake. As Mr Singh was overtaking the slower vehicle, Mr Sepumle was travelling in the opposite direction, and the collision occurred. Mr Singh stated that he saw Mr Sepumle with a cellular phone in hand, while he (Mr Sepumle) was driving, just before the collision. Mr Singh's friend, Ms Tong, who was in the vehicle, sustained injuries. The slower vehicle continued without stopping. Mr Singh has the following charges laid against him:

1) The charge of reckless or negligent driving in contravention of s 63(1) of the National Road Traffic Act 93 of 1996.

2) The contravention of s 65(2) (a) of the National Road Traffic Act of 1996 whereas he knowingly drove a vehicle on a public road with a concentration

of alcohol of more than 0.05 grams per 100 millilitres of blood, to with 0.06 grams of alcohol per 100 millilitres of blood.

3) The final charge been that of defeating