Online Reporter
Ray Bande
Senior Reporter
A 29-YEAR-OLD mushika-shika driver who was caught on camera assaulting a police officer was sentenced to 10 months in prison after being convicted on charges that included assaulting a police officer, theft and illegally carrying passengers for a reward.
Brenton Tsakatsa of Chikanga 1, Mutare, appeared before Mutare magistrate, Mr Honest Musiyiwa, who sentenced him to a total of 10 months’ imprisonment on Tuesday.
However, two months of the sentence were suspended on condition of good behaviour, leaving Tsakatsa with an effective eight-month jail term. Tsakatsa, who was represented by Mr Passmore Gwizo of Mugadza and Chinzamba Legal Practitioners, had pleaded not guilty to the charges.
The court heard that on June 29, at around 10.20am, police officers were conducting ‘Operation No to Mushika-shika’ at Apex Service Station in Mutare when the incident occurred.
Prosecuting, Mr Chris Munyuku, said Constable Maxwell Mkumbuzi was on duty together with Constables Machazi and Mazambara enforcing laws against illegal public transport operators. He said Constable Mkumbuzi approached Tsakatsa, who was driving a vehicle, Registration Number AHH 5611, and informed him that he was under arrest for touting.
Tsakatsa stopped his vehicle, got out and confronted the police officer, before assaulting him several times with open hands.
During the altercation, Constable Mkumbuzi reportedly dropped his baton stick, which Tsakatsa picked up and used to strike the officer twice on the head and once on the left arm. The court further heard that Tsakatsa drove away from the scene after noticing another police officer approaching.
Constable Mkumbuzi sustained injuries during the assault and was medically examined. A medical affidavit detailing his injuries was produced in court as evidence.
On the first count of assaulting or resisting a police officer as defined in Section 176 of the Criminal Law (Codification and Reform) Act, Tsakatsa was sentenced to eight months in prison.
He was sentenced to a further 30 days for theft after being convicted of taking the officer’s baton stick. On a third count of contravening Section 37 of the Road Motor Transportation Act for carrying passengers for a reward without the requisite public service vehicle authority, he received another 30-day prison sentence.
The sentences resulted in a combined 10-month jail term, with two months suspended. In passing sentence, the court upheld the State’s argument that Constable Mkumbuzi had been acting lawfully and within the scope of his official duties when the assault occurred.
