Harare motorist faces resentencing over driving ban

A Harare motorist convicted of reckless driving is set to face resentencing following a High Court directive for the trial magistrate to reconsider the scope of the driving ban imposed.

Gerald Mangwenyama, 40, was found guilty under Section 53(2) of the Road Traffic Act [Chapter 13:11] after pleading guilty to driving a Honda Fit against oncoming traffic while rushing to work.

The trial magistrate had fined Mangwenyama US$450 or four months imprisonment and prohibited him from driving Class 4 vehicles for six months, ordering him to surrender his licence for endorsement.

However, Justice Esther Muremba, presiding over the criminal review, upheld the fine and prison term but questioned why the driving ban was limited only to Class 4 vehicles. She noted this narrow restriction allowed Mangwenyama to continue driving other vehicle classes, including larger vehicles under Class 2, motorcycles in Class 3, and vehicles in Class 5.

"Reckless driving is a serious offence that affects road safety, regardless of vehicle type," Justice Muremba stated. "Driving prohibitions must deter further reckless behaviour across all vehicle categories. Allowing an offender to drive large vehicles or motorcycles undermines public safety and the deterrent effect of sentencing."

The court reviewed relevant legal provisions, particularly Sections 53(4) and 65 of the Road Traffic Act, which mandate that driving prohibitions should generally apply to all vehicle classes unless specific exceptions are justified.

Justice Muremba highlighted that the trial magistrate failed to provide reasons for limiting the ban to Class 4 vehicles, describing this as a failure to exercise judicial discretion properly. "The reasons for sentence are silent on this," she observed.

She further warned of the heightened risk to public safety if Mangwenyama is allowed to drive larger vehicles such as commuter omnibuses and heavy trucks, which pose greater hazards due to their size and passenger capacity.

The High Court instructed the trial magistrate to issue a notice to Mangwenyama to appear in court and show cause why the prohibition should not be extended to all vehicle classes for six months. Should exceptions be warranted, they must be clearly justified in accordance with the law.

Justice Muremba's judgment underscores the imperative for courts to apply sentencing discretion judiciously, balancing justice with public safety concerns.

Deputy Judge President Justice Garainesu Mawadze concurred with the ruling, reinforcing the need for comprehensive driving bans in reckless driving cases to effectively protect road users.