Online Reporter
Fidelis Munyoro
Chief Court Reporter
A COMMUTER omnibus driver, received a life-altering judgment in the High Court after being convicted of reckless driving.
Ruzvidzo Freedom’s actions on June 20, 2025, at the Second Street Extension and Upper East Road intersection, Harare, drew sharp scrutiny.
He drove against oncoming traffic, ignoring all road rules.
Though no accident occurred, his conduct landed him a two-year jail term, a lifetime ban from driving commuter omnibuses and a contentious lifetime prohibition from driving Classes 4 and 5 vehicles. The trial magistrate’s sentence was reviewed by Justices Esther Muremba and Munamato Mutevedzi, who upheld the imprisonment, but flagged critical flaws in the driving prohibitions imposed.
The court clarified that the law mandates a lifetime ban only for the vehicle class involved in the offence, a commuter omnibus in this case, while other vehicle classes should carry a minimum prohibition of six months for first-time offenders unless exceptional circumstances are present.
The Road Traffic Act outlines escalating penalties for reckless driving based on prior convictions. For a first offence, a lifetime ban applies only to the offending vehicle class, with a minimum six-month ban for others.
Repeat offenders face harsher penalties, culminating in an all-class lifetime ban for third or subsequent convictions. Freedom’s lifetime prohibition on Classes 4 and 5 vehicles exceeded these statutory bounds and lacked justification.
The court noted the absence of aggravating factors such as accidents, injuries, or property damage. Freedom’s actions, while reckless, did not warrant a blanket lifetime ban across all vehicle classes. The sentencing magistrate failed to distinguish between the offending vehicle and others, applying a disproportionate penalty unsupported by law.
The High Court emphasised that offenders must be given a chance to address the court on special circumstances, limited to the offence itself, not personal factors. The trial magistrate’s failure to afford Freedom this opportunity rendered the lifetime prohibition on Classes 4 and 5 procedurally flawed.
Justice Muremba underscored that judicial discretion in imposing lifetime bans must align with the proportionality principle and the statutory framework. Freedom’s corrected sentence now includes a six-month prohibition from driving Classes 4 and 5 vehicles, with corresponding licence cancellations for the same duration.
His lifetime ban from driving commuter omnibuses remains, as mandated by law.
The trial magistrate is tasked with recalling Freedom to formally advise him of the revised sentence and ensure the Registrar of Road Traffic Licences updates the relevant records.
