Jub Jub's initial charge questioned

The Justice Project of South Africa says he shouldn't have been charged with murder in the first place.

Musician Molemo 'Jub Jub' Maarohanye at the Protea Magistrates Court in October 2012. Picture: Sapa.

JOHANNESBURG - Questions have been raised about why the state initially charged Molemo 'Jub Jub' Maarohanye and his co-accused with murder considering they were involved in a car accident.

The hip-hop artist and Themba Tshabalala had their murder convictions overturned today, which means they are now guilty of the lesser charge of culpable homicide.

The pair were racing their Mini Coopers in Soweto in 2010 when they crashed into a group of school children, killing four and leaving two others with permanent brain damage.

The High Court in Johannesburg says the two men are not guilty of murder because they could not foresee the possibility of a collision.

The reason for this is that the pair were under the influence of drugs which the court says had a direct effect on their conduct.

The Justice Project of South Africa's Howard Dembovsky says they should not have been charged with murder in the first place and he's therefore not surprised by today's ruling.

The pairs' sentences were reduced from 25-years each to an effective eight years behind bars.

The National Prosecuting Authority says it respects the ruling but will study the judgment before it decides whether to take any further action.