Danisa Masuku Court Reporter
A BULAWAYO kombi driver whose three-year prison sentence for causing the deaths of two pedestrians was overturned by the High Court has returned to court for a fresh trial on two culpable homicide charges.
Simbarashe Chokumanyara (28), of Emakhandeni suburb, appeared before a Bulawayo regional magistrate yesterday, with the matter postponed to November 13.
High Court Judge Justice Mutevedzi set aside the earlier sentence, ruling that it was excessive and that the two culpable homicide counts arising from the same incident should have been treated as a single count.
The matter was subsequently remitted for retrial.
In his defence, Chokumanyara, through his lawyer, Mr Kholwani Ngwenya of T J Mabhikwa and Partners, denied negligence, arguing that the accident resulted from circumstances beyond his client’s control.
“The accident occurred due to a combination of factors beyond my client’s control and which could not be reasonably foreseen. He was not negligent or reckless and, more specifically, he had to exercise caution and care,” said Mr Ngwenya.
The defence told the court that Chokumanyara had parked his Toyota Hiace along 6th Avenue, diagonally opposite Redan Service Station, before picking up passengers.
Mr Ngwenya said shortly after pulling away and joining the main road, a pedestrian suddenly emerged from a crowd and ran towards the vehicle from the driver’s left-hand side, attempting to cross from the OK Supermarket direction towards Redan Service Station.
“The pedestrian’s appearance was so sudden and not reasonably foreseeable. Resultantly, the accused had to avoid hitting the pedestrian by swerving to his right-hand side, and as he swerved to the right, he noticed that there was also a vehicle fast approaching to the west on the side where he was swerving,” he said.
Mr Ngwenya said Chokumanyara then swerved back towards Redan Service Station to avoid colliding with the approaching vehicle.
He argued that the driver had managed to avoid hitting the pedestrian and colliding with the other vehicle but subsequently lost control of the kombi.
“The two swerves were to avoid hitting the pedestrian who had suddenly emerged running from the crowd to the front of the moving vehicle and to avoid a collision with the fast-approaching vehicle due west on the side where he was swerving to,” he said.
The lawyer further told the court that Chokumanyara suspected the vehicle had developed mechanical faults involving its steering, brakes and accelerator, leaving him unable to control it.
“He made all reasonable efforts to control the motor vehicle without success as it veered towards the fuel service station where it hit a pedestrian,” said Mr Ngwenya.
The court heard that Chokumanyara holds a valid Zimbabwean driver’s licence in classes 2, 4 and 5 but did not meet Public Service Vehicle (PSV) requirements.
Prosecuting, Mr Sehliselo Khumalo told the court that the accident occurred on January 28 at around 7.30 PM as Chokumanyara was driving a Toyota Hiace passenger vehicle westwards along 6th Avenue, between Herbert Chitepo Street and Lobengula Street in Bulawayo.
The court heard that Chokumanyara lost control of the vehicle, which veered north-westwards towards Redan Service Station and struck Christopher Mukuwapasi (42), who was standing by the roadside.
Mukuwapasi sustained severe head injuries and was certified dead on arrival at Mpilo Central Hospital.
The court further heard that the vehicle veered south-westwards and struck another pedestrian, Lizwe Ncube (45), who was also standing by the roadside. Ncube sustained severe head injuries and died at the scene.
