Lenient sentence for unlicensed driver sparks public outcry

The 24-month suspended sentence handed to a 20-year-old unlicensed driver who fatally knocked down a Chinhoyi University of Technology (CUT) student has ignited fierce debate and outrage across Zimbabwe.

The incident, which claimed the life of 21-year-old Tanatswa Chinyama - a student at CUT's School of Hospitality and Tourism - and left four others injured, occurred on the early morning of November 17, 2024, near the railway crossing by Sips Bar in Chinhoyi.

Takudzwa Gwenzi, who was behind the wheel at the time of the accident, was convicted by Magistrate Kudzanai Kapurura on three counts: culpable homicide, driving without a licence, and negligent driving.

In a move that has shocked many, Gwenzi was spared jail time and instead sentenced to 24 months imprisonment, with six months suspended for three years. The remaining 18 months were wholly commuted to 360 hours of community service.

Gwenzi's lawyer, Knight Tafadzwa Rwodzi, mounted a robust defence, arguing the accident occurred in poor visibility conditions around 4am, with the victims allegedly not wearing reflective clothing. He further blamed the blinding glare of headlights from an oncoming truck, claiming it caused temporary blindness and contributed to the fatal crash.

Rwodzi also accused the victims of negligence, asserting that they were either walking or standing in the middle of the road, potentially under the influence of alcohol after a night out.

He pleaded for leniency, citing Gwenzi's difficult upbringing - an orphan raised by an elderly grandmother - and his remorse, noting his financial contributions towards the funeral and medical bills of the injured.

The court's decision has drawn mixed reactions, particularly on social media, where many expressed dismay at what they see as a dangerously soft sentence for a serious offence.

While some sympathised with Gwenzi's youth and background, others condemned the ruling as a miscarriage of justice that undermines road safety accountability.

Legal experts are also divided. Zimbabwe Prisons and Correctional Services (ZPCS) legal counsel Rutendo Mudarikwa defended the ruling, saying it aligned with efforts to divert young first-time offenders away from prison.

"In this instance, although negligent driving caused a fatality, the court pursued the diversion route so that young offenders are spared imprisonment. It's a balancing act," Mudarikwa said.

A Chinhoyi-based lawyer, speaking anonymously, echoed similar sentiments, highlighting the importance of rehabilitation over incarceration for youthful, first-time offenders in culpable homicide cases.

However, other legal voices sharply disagreed. Mike Mutsvairo of Mushonga-Mutsvairo & Associates stressed that driving without a licence is an aggravating factor and that such cases typically warrant harsher sentences, especially when compounded by fatalities and multiple injuries.

"Loss of life and the absence of a licence are aggravating circumstances. The sentence imposed fails to recognise the seriousness of the crime and risks eroding public confidence in the justice system," Mutsvairo said.

He cited legal precedents that support custodial sentences in similar circumstances, calling for the National Prosecuting Authority (NPA) to consider appealing the ruling.

The Passengers Association of Zimbabwe (PAZ) described the outcome as "woefully inadequate" and "deeply unjust." PAZ national coordinator Tafadzwa Goliati said the ruling prioritised the offender over the victims, effectively devaluing the lives lost and harmed.

"This ruling perpetuates the notion that the lives of ordinary citizens, particularly the vulnerable, are of little value," said Goliati.

PAZ is lobbying for an appeal and a comprehensive review of how fatal road traffic cases are prosecuted. The organisation also urged the Ministry of Justice and Parliament to address what it termed systemic failures in Zimbabwe's legal framework for handling road crimes.

As the debate rages, Chinyama's family, the CUT community, and citizens at large are left grappling with what many see as a grave injustice. The case has reignited calls for stricter enforcement of traffic laws and tougher penalties for unlicensed and negligent drivers.

Whether the NPA will act on growing public pressure to appeal the ruling remains to be seen. For now, the sentence has become a lightning rod for broader frustrations over perceived leniency in Zimbabwe's justice system when it comes to road traffic fatalities.