Online Reporter
Conrad Mupesa
Mashonaland West Bureau
THE High Court has set aside what it described as a “lenient” sentence of community service without a driving ban imposed on a youthful driver who fatally struck a Chinhoyi University of Technology student and injured four others in 2024, ordering the lower court to re-sentence him in accordance with the law.
The tragic accident occurred in the early hours of November 17, 2024, near the railway crossing close to Sips Bar in Chinhoyi.
Tanatswa Chinyama died on the spot, while four other CUT students sustained injuries.
Justice Philda Muzofa delivered the ruling last week after the parents of the late Chinyama (21), a CUT School of Hospitality and Tourism student, challenged the sentence imposed on Takudzwa Gwenzi (20), arguing that it trivialised the gravity of the offence.
The court ruled that the punishment handed down by Chinhoyi magistrate Kudzanai Kapurura was “not in accordance with real and substantial justice,” citing several serious misdirections in sentencing.
Justice Muzofa ordered the magistrate’s court to conduct a fresh sentencing exercise, directing it to properly consider punishment on all three counts Gwenzi was convicted of, and to determine whether he should be prohibited from driving in future.
Gwenzi had pleaded guilty to culpable homicide, driving without a valid driver’s licence and failing to stop after an accident.
However, the magistrate sentenced him to 24 months’ imprisonment, with 18 months suspended on condition he performed 360 hours of community service, while the remaining six months were suspended on good behaviour.
In overturning the sentence, Justice Muzofa noted that the magistrate failed to sentence Gwenzi on two of the three counts and ignored mandatory provisions of the law that require courts to consider banning convicted drivers from driving.
“The failure to consider prohibition from driving constitutes a serious misdirection,” ruled the judge, adding that although the magistrate cited correct case law on negligence, he failed to properly analyse the degree of negligence in this matter.
Justice Muzofa was sitting with Justice Catherine Bachi-Mzawazi in the appeal when the ruling was made.
Gwenzi had argued that an oncoming truck flashed its headlights on high beam, temporarily impairing his vision, causing temporary blindness, culminating in the accident.
He had also placed partial blame on the victims, alleging they were walking or standing in the middle of the road and possibly intoxicated, given the proximity to a bar.
In mitigation, the lawyer told the court that Gwenzi was a youthful first-time offender, an orphan who lost his mother during adolescence and was raised by an elderly grandmother.
He even paid US$500 to the bereaved family and paid medical bills for the injured students as a way of showing remorse.
However, the High Court ruled that such mitigation factors were not adequately balanced against the seriousness of the offence, the loss of life and the injuries suffered by other victims.
The matter has since been remitted to the Chinhoyi Magistrates’ Court for proper re-sentencing, with the possibility of a driving ban.
