R. v. Msadaka Crim. Rev. 72-M-70; 20/10/71; Makame J.

 R. v. Msadaka Crim. Rev. 72-M-70; 20/10/71; Makame J.

The accused was found guilty of a number of traffic offences including driving without an insurance policy. When given an opportunity to advance special reasons for not being disqualified for holding or obtaining a driving licence, the accused said: “I pray that the court should not disqualify one for holding a driving licence because I wholly depend on driving the bus. I have no other means to earn my living”. On this plea the magistrate refrained from ordering a disqualification.

Held: (1) “There are a string of authorities, among them Iskandor v. Republic 1968 H. C. D. 153, to the effect that “special reasons” are reasons special to the circumstances of the case and not special to the accused. The accused in the resent case has advanced no such special reasons: the disqualification is automatic. In his quest for money the accused displayed an insolent disregard for the welfare of others. the possibility of an accident in the present case was a real one because two of the tyres were badly worn out. The accused was disqualified for holding or obtaining a driving licence in 1968 for similarly driving a vehicle without insurance cover. I order his disqualification for holding or obtaining a driving licence for a period of 15 months effective from today.”