Joyride pupil (19) jailed for culpable homicide

WHAT started as a joyride for four young men from Bulawayo's North End suburb ended in tragedy when the one driving lost control and crashed into a tree.

He did not have a licence.

The resultant crash led to one of the young men seated in the front passenger seat sustaining serious head injuries and dying on admission to Mpilo Central Hospital.

The other two who were seated in the back seat sustained fractures.

The driver, Shepherd Manyuchi Shumba (19), of Number 11A Denn Road in North End, yesterday pleaded guilty to culpable homicide and driving without a valid driver's licence before Bulawayo provincial magistrate Mrs Thobekile Mkhosana-Matibe.

Mrs Mkhosana-Matibe sentenced Shumba, a Form Four pupil at a private college, to six months in prison of which three months were conditionally suspended for five years.

The court further prohibited him from driving any class of motor vehicle for the next 12 months.
In mitigation, Shumba said he was under peer pressure and that he wanted to have fun with his friends teaching each other how to drive although he said he did not know if any of his friends were holders of drivers' licences.

He pleaded with the court to exercise lenience on him saying he was sorry for what happened and that he stays with his mother who assisted with burial and medical expenses for his friends.

In passing sentence the court noted that Shumba's negligence was very gross and that sentencing him to pay a fine would trivialise the offence as opposed to retribution that is called for where gross negligence is exhibited.

"Further, this is a prevalent offence with youngsters having their way with motor vehicles, driving recklessly in the company of peers yet endangering not only theirs but other road users' lives.

"I must highlight with distaste how parents who are irresponsible give children vehicles or are not careful in safeguarding their vehicles, which is contributing to the accidents on the roads today. It would leave a lot to be desired and this offence is not condoned and treated lightly," said the magistrate.

The State case as presented by the prosecutor, Mr Carrington Dhliwayo is that on 5 May this year, at about 7.40am, Shumba teamed up with his friends Adrian Msipa, Mthabisi Nyathi and William Busani Longwe. They agreed to have a joyride using a vehicle belonging to Shumba's mother.

Shumba drove the Honda Othia in the company of his friends into the city centre and they drove to Northlea High School where there was a wedding ceremony. The quartet later left the wedding venue and drove around the streets of North End suburb.

As Shumba was driving along Kirton Road in North End, he lost control of the vehicle and crashed into a tree. Msipa who was seated in the front passenger seat, sustained serious head injuries and died on admission to Mpilo Central Hospital.

Nyathi fractured his neck and sustained spinal injuries and Longwe fractured his collar bone. Shumba only sustained minor cuts.

The particulars of negligence are that he was travelling at a speed which was excessive, failed to stop or react reasonably when an accident or collision seemed imminent and failed to keep the motor vehicle under proper control.

After the accident, it was discovered that he was driving without a valid driver's licence giving rise to the second charge.