Online Reporter
Fidelis Munyoro
Chief Court Reporter
The High Court is set to review the criminal case of Zimdancehall singer Chillmaster, born Gift Hombarume, who was sentenced to perform community service after being convicted of culpable homicide for causing the death of a pedestrian while driving without a licence.
Judge President Mary Zimba-Dube will preside over the review.
On April 9, a fateful accident along New Chitungwiza Road claimed the life of 50-year-old Custon Charumbira with Hombarume, behind the wheel without a valid driver’s licence.
Magistrate Tatenda Mukurunge sentenced Hombarume to two years in prison for culpable homicide.
The magistrate suspended one year of the sentence on condition that Hombarume performs community service at Stoneridge Primary School.
The remaining year was suspended, provided the singer does not commit a similar offence within five years.
For driving without a licence, he was fined US$200.
It is this sentence that is now under the gaze of the High Court.
The referral stems from Section 58(3)(b) of the Magistrates Court Act, a provision designed to ensure that proceedings align with “real and substantial justice.”
Judge President Zimba-Dube will review whether the principles of fairness and accountability were upheld.
The Charumbira family, despite their loss, has exemplified grace and forgiveness to Hombarume.
In their victim impact statement, they expressed their decision to forgive him citing his remorsefulness and efforts to make amends.
Ms Lucia Charumbira, speaking for the family, revealed that Hombarume had gone out of his way to support the family through their grief.
He not only assisted with funeral expenses but also pledged to honour cultural traditions by offering cattle as compensation for the loss of Custon Charumbira’s life.
Furthermore, he committed to pay fees and buy monthly groceries for Charumbira’s children until they complete school.
Magistrate Mukurunge, in her sentencing, took note of these efforts, alongside Hombarume’s status as a first-time offender and the remorse he showed.
Laws are meant to be followed regardless of social feelings. What does the law say when someone drives without a valid driver’s licence and kills someone? In civilized countries, this is akin to killing with intent and using a dangerous weapon. Such a crime is seen as manslaughter if not murder because this person knew the potential risk of killing someone well before he got behind the vehicle’s wheel.