Zambian driver charged with culpable homicide

Lovemore Kadzura
Post Reporter
A ZAMBIAN truck driver has been charged with culpable homicide after a fatal collision with a motor trolley (small train) at a railway crossing in Rusape, which claimed the life of a passenger.
The suspect, Ngwalati Mike Zakaria (43), was represented by Mr Munyaradzi Manyengavana, of Manyengavana Law Chambers, when he appeared before Rusape magistrate, Mr Tendai Mahwe this week.
He was charged with culpable homicide, as defined in Section 49 of the Criminal Law (Codification and Reform) Act (Chapter 9:23), as read with Section 64 of the Road Traffic Act (Chapter 13:11).
Zakaria allegedly failed to stop at a railway crossing, resulting in a collision with a motor trolley carrying passengers.
The incident resulted in the death of one passenger.
The court was told that the driver of the motor trolley, Inacio Joao Jose, a Mozambican national, is yet to provide a statement to the authorities.
Zakaria was released on US$300 bail and is due back in court on December 16 for routine remand.
Prosecutor, Ms Faith Mutukwa told the court that Zakaria failed to stop at the railway crossing at Halfway House in Headlands, resulting in a side-swipe collision.
A passenger in the motor trolley, Semente Manuel Jose, jumped from the moving trolley and was injured by Zakaria’s truck’s trailer.
He was pronounced dead upon admission at Rusape General Hospital.
“On November 28, 2025, at around 11am, Zakaria was driving a white Shackman truck along the Harare-Mutare Road, travelling south towards Mutare, with no passengers on board,” said Ms Mutukwa.
“Upon reaching the 134km peg along the said road, the accused person failed to stop at a controlled intersection, resulting in a side-swipe collision with the second party, who was travelling along the railway line. Semente Manuel Jose, a passenger in the motor trolley, jumped off onto the tarmac and was hit by Zakaria’s trailer wheels. Jose sustained head injuries and was taken to Rusape General Hospital, where he was pronounced dead upon admission. A post-mortem examination was carried out by Doctor Rirwa, who concluded that death was due to polytrauma.
“The accused person’s motor vehicle sustained minor damage to the trailer, and the motor trolley was deformed on the right front side. Zakaria’s motor vehicle was inspected by the Vehicle Examination Department (Rusape). The State alleges that the accused person was negligent in one or more of the following particulars of negligence: he was travelling at a speed that was excessive under the circumstances – failing to keep a proper lookout; and failing to stop or act reasonably when the accident or collision seemed imminent,” Ms Mutukwa told the court.

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