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Lovemore Kadzura-Manicaland Bureau
THE driver of the speeding Tynwald High School bus that caused the accident that killed six pupils and a teacher from the school in Nyanga last October was on Wednesday jailed for an effective four years for culpable homicide, that is blameworthy death, and banned from driving anything for five years.
The magistrate said it was clear from all the evidence that the bus was speeding, and evidence showed that the bus was in good mechanical condition and the brakes were still working after the crash and that no other vehicles were involved. So the driver was solely responsible for the deaths.
A sombre atmosphere engulfed Nyanga Magistrates’ Court on Wednesday as two aggrieved parents whose daughters lost their lives in the accident waited anxiously for the judgment and the sentencing.
The accident claimed the lives of six learners and a teacher: Anita Manyuka, Beyoncé Guyo, Kimberly Mutusva, Anesuishe Hove, Craig Madanhire, Destiny Madziwa and teacher Chamunorwa Chipande.
Although Mr Kamurai Manyuka and Mr Winston Guyo tried to put up brave faces in the emotionally draining situation, their body language betrayed them.
They were nervous and obviously seeking a result that would help bring closure to the painful episode of their lives.
Presiding magistrate, Ms Notebulgar Muchineripi, ruled that Chamunorwa Machimbizofa was guilty on all seven counts of culpable homicide and slapped him with a five-year jail term, with one year suspended.
Machimbidzoka’s driver’s licence was also cancelled for five years.
Passing sentence, Ms Muchineripi said road traffic accidents were on the increase and therefore there was need to send a strong message to errant drivers.
“Culpable homicide is not a mere traffic offence. It is the negligent killing of another human being. A fine or community service will send a wrong message to the public.
“I know that the loss of seven lives will haunt you for the rest of your life. Your conduct, however, borders on negligence and carelessness. You did not take heed of road signs.
“You are hereby sentenced to five years imprisonment, and one year is suspended on condition of good behaviour. You are prohibited from driving all types of vehicles for the next five years,” she ruled.
In an interview after the ruling, Mr Manyuka begrudgingly welcomed the sentence, although felt it was still too lenient.
“We have been following up the case since October 2022 till today and applaud the court for bringing it to finality, although I feel it took too long to conclude it. The sentence is also a bit lighter.
“We are talking about seven innocent people who perished as a result of the negligence of one person. These victims, including my daughter, had big career plans. However, all that is gone because of this reckless driver.
“We hope and pray that other public transport drivers will learn something from this case and take precautions when behind the wheel,” said Mr Manyuka.
On their way back to Harare, the two men had a stop-over at the accident scene to lay flowers in remembrance.
At the accident scene are the bus’ two boot doors, plastic bottles strewn all over the place and a Bible. Mr Guyo, a devoted Christian, led prayers and asked God to bring closure to this painful episode of their lives.
They noted with pain and anguish that as other buses, haulage trucks and private vehicles approached the multi-curved stretch, the drivers would slow down to negotiate the curve, something that Machimbidzoka had not done.
“It is painful to be at the scene where our children met their demise. We cannot change what has happened because it is fate. We hope that they are in heaven with their Creator our Lord,” said Mr Guyo, the late Beyonce’s father.
During the court session, Machimbidzofa’s lawyer, Mr Tapson Bvekwa of Bvekwa Legal Practice, begged the court for a non-custodial sentence in the form of a fine or community service. He argued that the bus experienced brake failure, which was beyond the driver’s control.
However, prosecutor Mr Cuthbert Bhosha told the court that Machimbizofa was reckless in his conduct, adding that culpable homicide is a serious offence that warrants lengthy custodial sentences.
“Culpable homicide is very serious offence that attracts up to life imprisonment. We are not dealing with a mere traffic offence here, but a case of seven lives lost due to his negligence. A lengthy custodial sentence is appropriate in this case.
“The accused was not even remorseful. He only surfaced after two weeks following the cessation of his salary by the school,” said Mr Bhosha.
Ms Muchineripi said according to the evidence presented to her, the bus was speeding and hence Machimbizofa’s failure to control it.
“The State called two firewood vendors, Tendai Kamvundura and Micheal Mangoriyo, who said the bus was speeding, and they had to stand up to see if the bus would navigate the curve. The bus did not manage to do so.
It was their first time to see a bus passing through that stretch at such a high speed.
“Morgan Mutsago, a mechanic who serviced the bus the day before the journey, testified that the bus was in perfect condition, including its brakes. He did a test drive in the presence of the driver and two other people.
“A Vehicle Inspectorate Department official, Tendai Ngulube who inspected the bus after the accident told the court that the brakes were working well. He said the driver failed to negotiate the curve due to speeding.
“At the scene there were no skid marks to show that you applied any brakes. The investigating officer from the Zimbabwe Republic Police also testified that the cause of the accident was speeding.
“A passenger in the bus who was seated right behind you, Gladys Gadzikwa, also told the court that the bus was speeding as it was approaching the curve. She told the court that there was no reduction of speed when you approached the curve.
“Tendai Chimbirwe, an accident evaluator also testified saying the accident was a result of speeding. The court went for an inspection in loco at the scene and the conclusion is that you were speeding,” said Ms Muchineripi.
“You also claimed that you were side swiped by a haulage truck and a Honda Fit, but none of the witnesses or survivors saw the two vehicles.
“The State managed to prove its case beyond reasonable doubt that you negligently caused the death of seven people,” she ruled.
Online Reporter