MP fined for culpable homicide

Victoria Falls magistrate Miss Sharon Rosemani had on Thursday last week convicted Mabhena of culpable homicide after she found him guilty of causing the death of two year-old Tanatswa Zvombingo in 2007 who died after sustaining head and chest injuries after being hit by the MP’s vehicle.

In passing her judgment, Miss Rosemani said: “If Mabhena had managed to keep a proper look out under the circumstances, he would have seen that the shadow he was seeing was in fact the child.
“But he failed to keep a proper look out. Also the assertion that he was travelling at 20km per hour is possible but that speed was high under the circumstances so I find the accused guilty as charged,” said Miss Rosemani.

She said Mabhena drove the vehicle that caused the death of the child. Mrs Rosemani said the State called two witnesses adding that the first witness, a former police officer’s evidence was biased since he relied too much on the accused.
“The police officer who testified was no longer working for the police and there were slight irregularities in his testimony, which even the mother of the child disputes.

“He relied on the accused person in preparing the sketch plan, which is biased as it has inputs of the accused without his own investigations.
“The officer later interviewed the mother four years after the incident and that showed some weaknesses on the part of the State case.
“The mother (Ms Namasiku Masilele) was a credible witness, she stood her ground and had a vivid memory of what happened on the day and I believe she had no malice towards the accused person,” she said.

Miss Rosemani said she was only not convinced with the positioning of the mother when the accident happened.
“She stated that she was with the child standing at the gate but I believe that she was by the lawn and ran to the road after she heard the bang and screams from some people who had witnessed the accident.”
In mitigation, the defence lawyer, Mr Matshobane Ncube, of Phulu and Ncube Partners said his client was assisted with medical bills and also rendered funeral assistance after the boy died.

He prayed to the court to give Mabhena a sentence with an option to pay a fine saying that he was a family man and was part of the inclusive Government.
“While it is regrettable that the child died as a result of the accident, the degree of negligence was quite minimal as it happened in an instant. The accused was even able to stop the vehicle without causing further injuries to the child,” he said.

Prosecutor Mr Listen Nare said on 15 December 2007 at around 5.45 pm, and along an unnamed gravel road, opposite House Number 5515 in Mkhosana Township, Victoria Falls, Mabhena unlawfully drove a motor vehicle and negligently caused the death of the child.

The accused was driving at 20km per hour since he was aware that he was driving through a residential area.
When he was passing the house of the now deceased child, which had some shrubbery growing outside, he saw a shadow by the side of the road and within seconds he heard a bang on the left side of the car.
He stopped the car and immediately came out to check only to discover that there was a child who had fallen underside of the car who lay between the front and rear wheels.