THE PEOPLE SINGING IN THE MAGISTRATE’S CORNER

The magistrate made a fair decision. There’s no need to accuse Chillmaster of bribing the magistrate and prosecutors.

Both the deceased pedestrian and the driver were at fault.

The driver was wrong for driving without a licence and the pedestrian was wrong for negligently walking, as stated in the Constitution.

According to Zimbabwean law, driving without a licence carries a fine of US$200 or 2 months in prison (Section 38 of the Road Traffic Act).

Since the fine was already paid, the remaining issue is culpable homicide. Considering the pedestrian’s negligence, it’s unfair to solely blame the driver.

The driver made a mistake, but doesn’t deserve jail time.

As stated in Section 50 of the Constitution of Zimbabwe, ‘every person has the right to fair and just treatment under the law.’

Let’s be wise and fair in our judgment. − Jah Erica

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Maybe you should hire ‘legal reporters.’ They will assist in the accurate reporting of legal matters.

This will avoid false and misleading reporting… the High Court was going to “review” the record anyway.

That is part of the automatic checks and balances of the justice system.

Your article makes it seem as if there is anything special or particular as to why the High Court is reviewing the case. This is mere procedure. − Nabafana

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In Zimbabwe, culpable homicide is governed by the Criminal Law (Codification and Reform) Act [Chapter 9:23], particularly under Section 49, which defines it as the unlawful killing of another person due to negligence or recklessness, but without intent to kill (i.e., not murder).

Penalty for Culpable Homicide in Zimbabwe − Albert Kay

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Section 49 – Culpable Homicide, (1) Any person who causes the death of another person (a) negligently or recklessly, or (b) by an unlawful act which would not amount to murder, shall be guilty of culpable homicide and liable to be sentenced to any punishment up to and including life imprisonment.

The court shall, in determining the sentence, take into account all the circumstances of the case, including the degree of negligence involved.

This section allows Zimbabwean courts wide discretion in sentencing − from fines or suspended sentences in minor cases, up to life imprisonment in severe ones.

Meaning the sentence is not fixed and depends on the circumstances of the case.

It can range from a fine or a suspended sentence (in less serious cases) to a lengthy term of imprisonment, which can be up to life imprisonment in the most serious cases.

Courts consider factors such as: Degree of negligence or recklessness.

The accused’s remorse. Whether the death was avoidable. Prior criminal record − Albert Kay

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A lot was considered here, he was remorseful, he worked out something with the bereaving family, he also considered he is young and has potential, why are you all clamouring for potential to be destroyed behind the cells.

You wil never know what this experience taught him in life, his experience might be a launchpad for something good maybe in awareness campaigns.

Let’s try to search for the positives which myt come out not kushuvira the downfall of everyone simply becoz iwe wagara uri down.

Hats off to the magistrate.

Chillmaster hope unoshandisawo yo experience for something positive − Kentoz Neraz Chimaz

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The guy had an understanding with the family, he took the blame and probably volunteered to help it be the wife and kid’s school fees etc, my small thought − Pagewell Paige Muswapi

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I see some complaining here. I understand the situation is very painful. But consider this what Chillmaster committed is culpable homicide not murder.

He was negligent in his actions which is different from murder where the perpetrator needs to have the intention.

believe there is just need for remedial action to the bereaved family − Blessing Chikwenda

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Let’s not judge we don’t really know what happened who was wrong between Chillmaster and the deceased, we don’t know what Chillmaster and the deceased family agreed and we don’t know the proof Chillmaster produced to prove his innocence.

420 hours of community service for Culpable homicide and driving without a licence. Pane zvaitika chete.

The lady artist Dudu was once jailed for the same offence. Maybe circumstances are different − Peterson Bobby Moyo

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The same people here saying Chillmaster was supposed to serve a jail sentence are the same people who could have been consoling him DAI anzi aende kujeri, bitter Zimbabweans.

Next driver achaita same mistake this case is going to be used as reference, anyway that was an accident but torai licence bamunini − Sean Tee

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Culpable homicide and murder are 2 different things. Driving without a license has its own fine and the culpable homicide charge has its own fine.

He agreed to continue fending for this family and sending the kids to school until they complete − Munhu WaMwari

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Mistakes are common. Haana kutsika intentionally uyu zvekuti anganzi yatove mhosva.

I’m not saying akaita chinhu chakanaka but the best part haana kana kutiza or kuita anything akatoenda kumhuri yemufi wani, zvinhu zvakadai zvinoitika and hapana anoshuvira kutsika munhu achifa − Paidamoyo Musarara