adminMashudu Netsianda Senior Court Reporter
THE Bulawayo High Court has dismissed an unlicensed Gweru man’s appeal against a six-month jail term imposed after he knocked down a traffic cop who was controlling traffic at a road construction zone.
Sitsheniso Kwidini, 44, was last year convicted of contravening a section of the Road Traffic Act by a Kwekwe magistrate and sentenced to an effective six months in jail.
In an appeal before the High Court, Kwidini’s lawyer, Archibald Madzima of Mutatu and Partners, argued that the sentence imposed on his client by the trial magistrate was excessive and induced a sense of shock.
In his ruling, Justice Lawrence Kamocha, who was sitting with Justice Nokuthula Moyo during the criminal appeals court on Monday, said Kwidini’s conduct was deplorable.
“There’s certainly going to be chaos if we’re going to allow such deplorable conduct where you’ve an unlicensed motorist knocking down a uniformed traffic cop on duty and then driving away,” said Justice Kamocha.
In dismissing the appeal, Justice Kamocha concurred with Justice Moyo that the sentence imposed on Kwidini was appropriate.
“Kwidini was supposed to exercise caution on approaching a road construction zone, but rather he chose to disregard the instruction from a police officer who was controlling traffic. Kwidini should actually count himself lucky for getting away with a lesser charge of violating the Road Traffic Act instead of attempted murder. In the circumstances, the appeal against the sentence is hereby dismissed in its entirety,” ruled Justice Kamocha.
Madzima later conceded that there was no misdirection on the part of the trial magistrate after the two judges queried his basis of argument.
Kwidini, in his grounds of appeal, had said the trial magistrate erred in convicting him under section 6 (1) of the Road Traffic Act, arguing that he was a holder of a learner driver’s licence.
“The appellant was supposed to have been charged for negligence driving or driving without due care in contravention of section 52 (2) of the Road Traffic Act. It’s submitted that the court a quo erred in sentencing the appellant to an effective six months imprisonment without considering the option of a fine or community service as provided for in the Road Traffic Act,” argued Kwidini’s lawyer.
He further argued that the trial magistrate wrongly put too much weight and emphasis on the seriousness of the accident without evidence suggesting that.
“There was no medical report outlining the extent of the injuries sustained by the victim and the state didn’t mention any injuries and as such there was no basis for the court to conclude that it was a serious accident,” said Madzima.
Khumbulani Ndlovu, for the State, which was cited as the respondent, said Kwidini was grossly negligent.
“The appellant drove negligently, failed to keep a proper lookout resulting in him knocking down and injuring a uniformed police officer before speeding off without stopping at the accident scene as mandated by the law. Ultimately, it’s held that the appellant was grossly negligent and in the circumstances the six months imprisonment is provided for under the section charged,” said Ndlovu.
Londile Moyo
Online Reporter