Online Reporter
Fairness Moyana in Hwange
A 47-year-old Victoria Falls man has been acquitted of culpable homicide by the Hwange Magistrates’ Court after the State failed to establish a prima facie case linking a road accident to the death of a passenger.
Victor Sibanda, who is employed by the Ministry of Primary and Secondary Education, as a deputy head at Chinotimba Primary School had been charged with contravening Section 49 of the Criminal Law (Codification and Reform) Act as read with Section 64 of the Road Traffic Act, following a fatal accident that occurred along the Cross Dete-Binga Road in August 2024.
The State led by Miss Matsiliso Zandile Tlou alleged that on 4 August last year, Sibanda negligently drove a Nissan NP300 carrying 10 passengers at high speed, failed to keep the vehicle under proper control and did not act reasonably when an accident became imminent.
The vehicle reportedly overturned at the 25km peg along the Cross Dete-Binga Road, throwing two passengers who were seated in the loading box out of the vehicle.
One of the passengers, Amon Tembo, sustained serious injuries and later died at Binga Hospital on 25 October 2024, more than two months after the accident.
However, at the close of the State case, Sibanda applied for discharge, arguing that the prosecution had failed to prove the essential elements of culpable homicide.
In her ruling, Provincial Magistrate Rumbidzai Kabasa found that the State’s case was riddled with inconsistencies and failed to establish a clear causal link between the accident and Tembo’s death.
“The State failed to establish a prima facie case against the accused. There was no clear evidence confirming that the deceased was in the vehicle at the time of the accident, and no expert medical report was produced to link the cause of death to the accident,” ruled Magistrate Kabasa.
The court further noted that Tembo died more than two months after the accident, yet the prosecution failed to present medical or expert evidence explaining how the injuries sustained in the accident resulted in the death.
Magistrate Kabasa also pointed out contradictions in witness testimony and noted that the Vehicle Inspectorate Department (VID) evidence showed that the vehicle had a leaking brake lining, raising questions about mechanical failure that were not adequately addressed by the State.
“All the elements of culpable homicide were not proved. Putting the accused on his defence would amount to an injustice and compel him to incriminate himself,” she said.
Sibanda was subsequently found not guilty and acquitted of the charge. He was represented by Nikiwe Ncube of Ncube-Tshabalala Attorneys.
Bongani Ndlovu