Kombi conductor caged for passenger log attack

A 28-year-old Bulawayo Kombi conductor who assaulted a passenger and landed her in hospital was sentenced to two years in prison by a Western Commonage Magistrate.

Nkosiyazi Dube, who is a conductor for a Cowdray Park commuter omnibus, assaulted Patience Migeri, who is also 28, by striking her with a log on her hips, kicking her and punching her in the face several times. The victim sustained a swollen hip, visible bruises on her face and shaking teeth.

Dube was convicted of assault by Western Commonage Provincial Magistrate, Mr Vakai Douglas Chikwekwe. He was convicted of assault as defined in section 89(a) (b) of the Criminal Law (Codification and Reform) Act.

In passing the sentence, the magistrate considered that Dube pleaded guilty, showing remorse for his crime and not wasting the court’s time. He also considered the fact that Dube is a married man with a family to look after. However, he noted that harassment and assault of clients by kombi drivers has become prevalent and the courts should send a clear message to offenders.

“Kombi drivers as well as their conductors are now not respecting their clients. There was no justification for using a log and beating the head, which houses all the senses of the brain. The victim has shaken teeth and still has visible injuries. She is not going to work as a result of the assault.

“The statutory penalty is a level 14 fine and the presumptive penalty is two years imprisonment. A fine or community service would send a bad message. For the purposes of personal and general deterrence, passing the presumptive penalty would meet the justice of the case. You are accordingly sentenced to 24 months imprisonment without the option of a fine,” ruled Mr Chikwekwe.

He, however, suspended six months for five years on condition that Dube does not commit a similar offence within that period.

The prosecutor, Mr Milton Moyo, said the incident occurred on August 16 around 8pm at Garikai area in Cowdray Park. The victim had boarded the omnibus along with her mother and young sister. Upon reaching a bus stop in the area, the victim had an altercation with the conductor over change and the bus stop, which was supposed to be Cowdray Park Empompini. In the process, a misunderstanding arose.

“Dube disembarked from the vehicle, took a log and struck the victim on the hip several times, kicked her and punched her in the face,” he said.

The prosecutor told the court that the victim sustained a painful hip, three shaking teeth,and was referred to United Bulawayo Hospitals (UBH) and Mpilo Hospital for treatment. The medical report was produced in court as evidence.