Business / Economy
Chillmaster back in court
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Top musician Kudakwashe Gift Hombarume, popularly known as Chillmaster, will face a fresh inquiry into his culpable homicide case after the High Court ordered the Mbare Magistrates Court to reopen proceedings, citing significant flaws in the original sentencing.
Hombarume (24) was initially fined US$200 for driving without a licence and sentenced to two years for culpable homicide by Magistrate Tatenda Mukurunge in May. One year of the sentence was suspended on condition of good behaviour, and the other 12 months suspended pending completion of 420 hours of community service at Stoneridge Primary School.
However, Judge President Mary Zimba-Dube, reviewing the case, found gaps in the trial court's assessment of Hombarume's negligence, which had been described as "ordinary." The High Court held that the sentencing did not deliver "real and substantial justice," especially given the aggravating circumstances of the case.
The case stems from a fatal road accident on April 9, 2025, when Hombarume, driving without a licence, lost control of his vehicle along New Chitungwiza Road and fatally struck pedestrian Custon Charumbira. Chillmaster admitted to excessive speeding - between 80 and 100 km/h in a 60 km/h zone - loss of control, and failure to keep a proper lookout.
Justice Dube criticised the trial magistrate for failing to properly evaluate the degree of negligence and neglecting to consider prohibiting Hombarume from driving, which is a legal requirement in fatal driving offences. "The aggravating features of this case do not justify community service," the judge said, adding that Hombarume's conduct exhibited gross negligence under aggravating circumstances.
The court also pointed out that Hombarume failed to stop for 67 metres after hitting the victim, a fact that was overlooked in sentencing. Instead, the trial magistrate gave undue weight to mitigating factors such as the accused's financial support to the victim's family, his remorse, and the family's request for a non-custodial sentence.
While the victim's family had urged leniency - highlighting Chillmaster's ongoing care and gestures such as providing livestock to appease vengeful spirits - Justice Dube underscored that these cannot override the interests of justice. "A victim impact statement cannot trump the interests of justice," she stated. "Courts should not allow offenders to buy their way out of custodial sentences."
The High Court has now ordered the Mbare Magistrates Court to conduct a fresh inquiry within 30 days, specifically to reassess the degree of negligence, consider prohibiting Hombarume from driving, and review the sentence in accordance with the law.
Chillmaster's case serves as a stern reminder of the judiciary's commitment to road safety and upholding justice in fatal road accident cases.
Hombarume (24) was initially fined US$200 for driving without a licence and sentenced to two years for culpable homicide by Magistrate Tatenda Mukurunge in May. One year of the sentence was suspended on condition of good behaviour, and the other 12 months suspended pending completion of 420 hours of community service at Stoneridge Primary School.
However, Judge President Mary Zimba-Dube, reviewing the case, found gaps in the trial court's assessment of Hombarume's negligence, which had been described as "ordinary." The High Court held that the sentencing did not deliver "real and substantial justice," especially given the aggravating circumstances of the case.
The case stems from a fatal road accident on April 9, 2025, when Hombarume, driving without a licence, lost control of his vehicle along New Chitungwiza Road and fatally struck pedestrian Custon Charumbira. Chillmaster admitted to excessive speeding - between 80 and 100 km/h in a 60 km/h zone - loss of control, and failure to keep a proper lookout.
The court also pointed out that Hombarume failed to stop for 67 metres after hitting the victim, a fact that was overlooked in sentencing. Instead, the trial magistrate gave undue weight to mitigating factors such as the accused's financial support to the victim's family, his remorse, and the family's request for a non-custodial sentence.
While the victim's family had urged leniency - highlighting Chillmaster's ongoing care and gestures such as providing livestock to appease vengeful spirits - Justice Dube underscored that these cannot override the interests of justice. "A victim impact statement cannot trump the interests of justice," she stated. "Courts should not allow offenders to buy their way out of custodial sentences."
The High Court has now ordered the Mbare Magistrates Court to conduct a fresh inquiry within 30 days, specifically to reassess the degree of negligence, consider prohibiting Hombarume from driving, and review the sentence in accordance with the law.
Chillmaster's case serves as a stern reminder of the judiciary's commitment to road safety and upholding justice in fatal road accident cases.
Source - The Herald
