Both drivers contributed to fatal accident involving retired Judge Mokgoro – analyst

An accident reconstruction analyst told the court that both drivers shared responsibility for the April 2023 accident that left Kimberley-born retired Constitutional Court Judge Yvonne Mokgoro seriously injured.

Mokgoro’s life partner, David Mmelesi, who was driving a Mercedes-Benz at the time of the accident, was charged with murder following her death in May 2024, after succumbing to her injuries.

The trial was transferred to the Kimberley regional court this week. 

Forensic traffic investigator Darrell Strydom pointed out that there were conflicting statements surrounding the accident that involved a truck and a Mercedes-Benz that were both travelling on the N12 in the same direction from Kimberley to Warrenton.

“The one report indicated that the Mercedes-Benz was standing on the left-hand side of the lane, while another statement states that it was between the emergency lane and the solid yellow line. One statement said the vehicle was stationary, while the other points to it moving.” 

He indicated that the damage was more prominent on the right-hand side of the Mercedes-Benz vehicle. 

“The front bull bar was bent. The vehicle was pushed by the truck in a clockwise motion until it came to a standstill. Visibility was good, and the road was dry at the time of the incident.” 

Strydom stated that, according to Mmelesi, he had stopped to assist after he noticed someone lying in the road.

“He made a U-turn and thereafter wanted to make another U-turn to allow other motor vehicles to pass before the collision.  He placed Mokgoro’s handbag under her neck to stabilise her after the collision.” 

He was convinced that the Mercedes-Benz was placed at an angle at the time of the collision.

“According to the truck driver, Mr Du Plessis, the Mercedes-Benz was standing on the yellow line on the left-hand side of the road, where it only had its parking lights on. The flicker lights, hazards and indicators were turned off.  Du Plessis mentioned that he was travelling at a speed of 80 kilometres per hour and that he was unable to prevent the accident or swerve out of the way. The truck driver switched the headlights on to warn the driver of oncoming traffic. ” 

He added that Du Plessis had told his wife, who was travelling with him in the truck, "Good Lord, we are going to be in an accident," shortly before the crash.

Strydom questioned why the truck driver had not applied the brakes when he started to approach the Mercedes-Benz.

“There is no evidence that he blew his hooter or tried to slow down.“

He believed that both drivers contributed towards the accident. 

Mmlesi is represented by Marcus Mafaro, and senior state prosecutor Tebogo Namisa is representing the state. The case continues.