Three years house arrest and community service for teenage driver who killed grandfather

The daughter of Brits grandfather Patrick Jewell feels failed by the justice system and is shocked and disappointed at the lenient sentence imposed on the teenager who killed her father. Today, nearly three years after the deadly crash, the Brits Magistrate Court sentenced Kgaugelo Masenya to three years correctional supervision, of which all three years he will be under house arrest. He must also perform 176 hours a month community service at the Polokwane Provincial Hospital.

The case would not have progressed this far if AfriForum’s Private Prosecution Unit, which represents Jewell’s daughter Jacky, had not intervened to ensure that it was thoroughly investigated and enrolled for trial. The teenage driver’s father is a captain in the police’s VIP Protection Unit. It was suspected that the failure to investigate the case was the result of police officers covering for one of their colleagues.

In May, Masenya (19) pleaded guilty to culpable homicide and reckless and negligent driving for causing the car crash that led to the 65-yearold’s death. The father and grandfather died nearly three weeks after the 21 September 2021 incident.

Magistrate Elna Moolman says while she considered the crime very serious, she was mindful that Masenya was 16-years-old at the time. “A life was lost because of what you did. I cannot ignore what his family and specifically his daughter has gone through. I hope the family finds solace at the loss of a loved in the sentence imposed,” she said.

Jacky says the three year sentence does not befit the crime. “Eventually, after three years, he’s got his sentence. Even though I still don’t feel it’s enough, but the justice system, according to them, this is what he needs to get. I thank AfriForum for being there every step of the way and I hope there’s more cases that AfriForum can win and assist with and help people. Because you really feel the justice system is just failing you completely, and which they do. But if I didn’t have AfriForum, it would have been just another lost case,” she said.

As part of the sentencing process, the unit commissioned private case preparation officer Karen Tewson to prepare a victim impact statement. “Karen helped me so much through everything. She listened to me. The victim impact statement is there to assist people like us going through this and making a statement on how much this really impacts our lives,” she said.

Barry Bateman, spokesperson for the unit, says delays in finalising cases prolongs the trauma experienced by victims and loved ones.  “While we are relieved Jacky can put this process behind her, waiting three years to finalise the matter has caused her and her family additional grief. And it would not have reached this stage without intervention from AfriForum’s Private Prosecution Unit. The delay in finalising the case also impact the accused, and we support Jacky’s hope that the sentence serves as a lesson to Masenya, and that he grows up to be a role model for others,” says Bateman.