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A Zimbabwe Republic Police (ZRP) member was fined US$200 by a magistrate following his conviction for culpable homicide.
Farai Muchandisiye (37) appeared before a Norton Magistrate facing two charges: (1) culpable homicide, and (2) failing to report an accident to the Police.
He was also found guilty on the second charge and was fined US$100.
According to the National Prosecuting Authority (NPA), on 19 February 2024 at around 8 PM, Muchandisiye, who was driving a Toyota Wish along the Harare-Bulawayo road ran over Tanaka Danhire (20) as he was trying to cross the road.
The accused person ferried the now-deceased to the hospital where he died upon admission. The accused did not report the accident to the Police.
Muchandisiye pleaded guilty to the charges and was sentenced to a fine of US$200 or 2 months imprisonment for count 1.
He was sentenced to a further US$100 fine or 1 month imprisonment for count 2.
Culpable homicide is defined by Section 49 of the Criminal Law (Codification and Reform) Act as the unlawful killing of another person due to negligence or recklessness. The section reads as follows:
<blockquote>
Any person who causes the death of another person –
(a) negligently failing to realise that death may result from his or her conduct; or
(b) realising that death may result from his or her conduct and negligently failing to guard 
against that possibility;
shall be guilty of culpable homicide and liable to imprisonment for life or any shorter period or 
a fine up to or exceeding level fourteen or both.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Police Officer Fined US$200 For Culpable Homicide

An octogenarian farmer (81) from Headlands, who accidentally shot and killed his 46-year-old biological son while chasing a troop of baboons that had invaded his maize field, has been charged with culpable homicide.
Culpable homicide refers to the unlawful act of causing the death of another person due to negligence or recklessness.
Any person who negligently causes the death of another person, either failing to realize that death may result from their conduct or realizing the risk but failing to guard against it, can be charged with culpable homicide.
Furthermore, if an accused person was defending themselves or someone else against an unlawful attack and did something essential to the crime (such as causing harm), they may still be guilty of culpable homicide if the requirements for self-defence are met, except that the means used to avert the attack were unreasonable in the circumstances.
As reported by <a href="https://www.manicapost.co.zw/dad-mistakes-son-for-baboon-fatally-shoots-him/">The Manica Post</a>, the now late Innocent Nyakurerwa was chasing a troop of baboons that had invaded their maize field when he was shot dead by his father, Isaac Nyakurerwa of Plot 20A, Fairfield Farm in Headlands.
The acting spokesperson for the Zimbabwe Republic Police (ZRP) in Manicaland province, Assistant Inspector Wiseman Chinyoka, said as Innocent was chasing the baboons, his father was not aware of his presence and using a registered Winchester rifle, he fired a single shot that hit his son on the chin and killed him on the spot.
Nyakurerwa allegedly spotted his now-deceased son’s shadow and mistook it for a baboon and only realised the fatal mistake when he screamed for help.
Assistant Inspector Chinyoka said they had initially charged Nyakurerwa with murder as defined in Section 47 of the Criminal Law (Codification and Reform) Act, Chapter 9.23.
However, after vetting the docket presented to them last week, the National Prosecuting Authority (NPA) at Rusape Magistrates’ Courts directed the police to charge Nyakurerwa with culpable homicide.
The request for remand form submitted to the prosecution by police reads in part:
<blockquote>
On March 26, 2024, at Plot 20A, Fairfield 20 Farm in Headlands, the accused person was chasing some baboons which were approaching his maize field. He fired a shot with his rifle, a Winchester 22 to the mountain where the baboons were and he accidentally shot his biological son, Innocent Nyakurerwa, aged 46 on the chin. Innocent died on the spot. The rifle and spent cartridge were recovered from the scene.
</blockquote>
Nyakurerwa has since been released from custody waiting to be charged with culpable homicide and is expected to appear in court soon.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

New Details Emerge On Octogenarian Farmer Who Mistook His Son For A Baboon And Fatally Shot Him

The families of three learners from Penhalonga, who tragically lost their lives in a road traffic accident along Christmas-Pass-Shamu Road last week, have put forth compensation requests.
These requests include US$24,000 and 28 head of cattle. Additionally, by their cultural practices, the families have also requested four goats and two cocks.
According to <a href="https://www.manicapost.co.zw/crash-victims-families-demand-28-cattle-us24-000/">The Manica Post</a>, the demands were made before the burial of the minors.
Sylvian (13) and Strive Maponde (nine) as well as Blessing Chisare (nine) were knocked down by an alleged speeding Toyota Fortuner that was being driven by John Dumbura.
The siblings were buried at their rural home in Marange on Friday last week, while Chisare (nine) was interred at Tsvingwe Cemetery in Penhalonga last Saturday.
John Dumbura was expected to appear in court facing culpable homicide charges.
Assistant Inspector Wiseman Chinyoka, the Zimbabwe Republic Police’s acting spokesperson in Manicaland Province, said the matter will be taken to court once all relevant information, including the Vehicle Inspectorate Department (VID) report, is availed. He said:
<blockquote>
Police are still working on the docket, and as we speak, the post-mortem results are already in, but we are still waiting for the VID report.
The matter will be taken to court once all the relevant information has been processed.
</blockquote>
The Maponde family’s demands for reparation were reportedly handed over to John’s uncle, Shellington Dumbura. The agreement reads:
<blockquote>
On the death of Gift Maponde’s two children, we agreed on March 13, 2024 that: (1) for each of the deceased child, the perpetrator pays 14 cattle, and that means it should add up to 28 cattle for the two children. For each child, they also pay US$5 000: that means 28 cattle and US$10 000 as well as four goats and two cocks.
</blockquote>
The Chisare family also entered into a similar agreement with the Dumburas and it reads:
<blockquote>
For Blessing’s death, we have agreed that Mr Dumbura pays US$ 14,000. Today, he paid US$1 000, leaving a balance of US$13 000.
</blockquote>
Dumbura confirmed that he had reached an agreement with the families of the deceased when contacted by The Manica Post on Tuesday. He said:
<blockquote>
I did not argue with them. We accepted what they were demanding. Every place has its traditions, so we just follow what they say.
While we were in Bocha (Marange) where the two siblings were buried, the traditional leader pointed out that they (Mapondes) had charged more than what they were traditionally supposed to.
Their culture stipulates that they should charge seven cattle per child to make them 14 for the two.
The chief also wants three beasts for each child killed, making them six, and a total of 20.
</blockquote>
Chief Mutasa said normally, reparations are not paid before the deceased manifests in an avenging spirit, stating what he or she wants.
He added that the demands for money and cattle made by the bereaved family were pure “madness and unlawful”. He said:
<blockquote>
Normally, reparations are not paid before the deceased manifests in an avenging spirit, spelling out what he or she wants.
What we do in our area is that when an accident happens or when one is killed in such a way, the perpetrator meets all the funeral expenses; that is the transport, food and coffins.
We bury the deceased and then wait for the deceased’s spirit to manifest and make its demands known.
You cannot say when someone has died today, you wake up the next day demanding reparation. That is madness; it is unlawful.
</blockquote>
Meanwhile, the Government, through the Department of Civil Protection (DCP), availed the three coffins and hearses to facilitate the burial of the three children and also provided grain.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Families Of Schoolchildren Killed By Speeding Vehicle Demand 28 Cattle, US$24 000

In the Toronto area of Penhalonga, located on the outskirts of Mutare, a devastating accident unfolded on Tuesday afternoon.
A speeding vehicle, allegedly driven by an intoxicated driver, struck three learners. Tragically, among the victims were the only two children of a local couple.
The incident occurred around 3 PM on Tuesday, March 12, at the 2-kilometer mark along Christmas Pass-Shamu Road.
The siblings, Silvian and Strive Maponde, and another learner, died on the spot.
The Zimbabwe Republic Police (ZRP) confirmed the accident. Additionally, a fourth victim sustained injuries and was admitted to Victoria Chitepo Provincial Hospital. Fortunately, he was discharged the following day.
In a statement, ZRP national spokesperson, Assistant Commissioner Paul Nyathi identified the deceased as Blessing Chasarira (nine), Silvian Maponde (13) and Strive Maponde (nine), all of Chirochangu Plot, Toronto. He said:
<blockquote>
The Zimbabwe Republic Police confirms a road traffic accident in which three learners were killed, while another learner was injured when a Toyota Fortuner vehicle veered off the road to the left and knocked down the learners who were crossing the road at the 2km peg along Christmas Pass-Shamu Road on March 12, 2023, at around 3 PM.
The victims were identified by their next of kin as Blessing Chasarira, Silvian Maponde and Strive Maponde. The bodies of the victims were taken to Victoria Chitepo Provincial Hospital for post-mortem, while the injured learner was admitted at the same hospital.
</blockquote>
Acting spokesperson for the ZRP in Manicaland Province, Assistant Inspector Wiseman Chinyoka said the driver of the vehicle, John Dumbura, was being charged with culpable homicide.
Silvian Maponde was in Grade Six at Little St Augustine’s Primary School, while his sibling, Strive was in Grade Two at the same school. Chisarira was in Grade Two at Beaule Primary School.
According to witnesses who spoke to <a href="https://www.manicapost.co.zw/couple-loses-all-children-in-accident/">The Manica Post</a>, the driver of the vehicle was allegedly under the influence of alcohol and driving at high speed.
It is believed that Dumbura lost control of the speeding vehicle, leading to the tragic outcome.
Gift Maponde, a resident, faced unimaginable grief as his only two children had just disembarked from a kombi and were only a few meters away from their home. He said:
<blockquote>
My children, Silvian and Strive were hit by the car and died on the spot. They are gone. They had just disembarked from a kombi on their way home.
Even though I arrived a few moments after the accident, I saw the driver; he was visibly drunk. It happened around 3 pm since I had come from where I am employed as a security guard.
This is so devastating. I cannot believe that I no longer have any children. They were all taken in the blink of an eye.
This is so difficult to comprehend and adapt to. I am in extreme pain, and whoever did this must pay for his sins.
</blockquote>
Primrose Masiiyiwa, who said she witnessed the accident unfolding, said:
<blockquote>
I was coming from fetching water and saw these kids checking both sides of the road before crossing.
Everything happened so fast and the next thing I heard was a loud crashing sound. When I rushed to check what had happened.
I realised that the kids had been knocked down by the car and were lying in a bush by the roadside.
</blockquote>
Asst Comm Nyathi urged motorists to be alert and observe stipulated speed limits to safeguard lives and to abide by the road rules and regulations to curb road accidents.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Tragedy Strikes: Couple Loses All Children in Alcohol-Related Car Accident

The Zimbabwe Electricity Transmission and Distribution Company (ZETDC), a subsidiary of ZESA Holdings, has been fined US$200 for culpable homicide.
ZETDC was hauled before the Murambinda Magistrates’ Court, accused of causing the death of Havatendi Kangetsambo (52) who was electrocuted by exposed wire cables at a farm paddock in March 2022.
The National Prosecuting Authority considers the US$200 fine too lenient and has vowed to appeal the sentence. The NPA said:
<blockquote>
The Zimbabwe Electricity Transmission and Distribution Company (ZETDC) was arraigned before the Murambinda Magistrates’ Court on culpable homicide charges.
The charges emanated from an incident which happened on the 3rd of March 2022 at around 1500 hours wherein the now deceased Havatendi Kangetsambo (52) was electrocuted by exposed wire cables at a farm paddock. He succumbed to injuries and died on the spot.
ZETDC was ordered to pay a fine of USD200.
</blockquote>
Culpable homicide refers to the unlawful act of causing a person’s death, but it is held not to amount to murder.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

ZETDC Fined US$200 For Causing The Death Of A 52-year-old Man

A security guard accidentally shot and killed his colleague during a shift change at the Food Lovers Market in Greendale, Harare, Zimbabwe. The incident, believed to be a tragic accident, occurred when Privilege Chivanganye, 28, was handing over his firearm, a Taurus revolver, to Jaison Dhlamini.
Chivanganye informed Dhlamini about a problem with the gun and gave it to him along with six rounds of ammunition. As Dhlamini tried to load the gun, both men realized there was an issue and attempted to fix it. Unfortunately, Chivanganye accidentally squeezed the trigger, shooting Dhlamini in the stomach. Dhlamini was rushed to the hospital but later succumbed to his injuries.
Chivanganye has been charged with culpable homicide and appeared in court, where he was granted bail. His lawyer indicated that Chivanganye intends to plead guilty, claiming that he was unaware that Dhlamini had turned off the gun’s safety pin. The case will continue on November 17.
Culpable homicide refers to the criminal offence of causing the death of another person through negligence or recklessness. It is a form of unlawful killing that does not involve premeditation or intent to cause harm. The term “culpable” implies that the person responsible for the death can be held accountable due to their actions or omissions. In Zimbabwe, the likely sentence for someone found guilty of culpable homicide will depend on several factors. The court will consider the circumstances surrounding the offence, the degree of negligence or recklessness involved, and the harm caused to the victim.
The maximum penalty for culpable homicide in Zimbabwe is imprisonment for up to 20 years. However, the court has discretion in determining the appropriate sentence based on the specific details of the case. Factors that may influence the sentencing include the level of remorse demonstrated by the accused, their previous conduct, and their cooperation with the investigation.
Mitigating factors, such as showing genuine remorse and taking responsibility for the actions, may lead to a more lenient sentence. On the other hand, aggravating factors, such as a high degree of negligence or reckless behaviour, could result in more severe punishment.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Food Lovers Market Security Guard Shot And Killed His Colleague

A 35-year-old Mvurwi was recently sentenced to seven years imprisonment for fatally assaulting his best friend on 09 October 2022 for joking about bedding his wife.
In sentencing Mike Foya, High Court judge Justice Munamato Mutevedzi considered that he committed the crime after being provoked.
Four years of his sentence were set aside on condition that he does not commit a similar offence in the next five years.
During the trial, prosecutors said Foya and his friend, Innocent Chawira were coming from a beer drink.
The two were so drunk that they had difficulties finding their way home.
Chawira joked he was in love with Foya’s wife, igniting an argument that degenerated into a physical fight. Read the court papers:
<blockquote>
The boastful friend was beaten and left for dead. He indeed was found dead the next day.
</blockquote>
Foya pleaded not guilty to the charge of murder but guilty to the lesser charge of culpable homicide as defined in section 49 of the Criminal Law Code.
The prosecution accepted his limited plea.
Foya submitted that he did not consider the degree of force he applied when he assaulted his friend.
He also said he did not pay regard to the fact that the part of the deceased’s body he targeted for the blow was delicate.
Justice Mutevedzi conceded his arguments were acceptable. Ruled the judge:
<blockquote>
Given the above evidence, we are satisfied that the acceptance by the prosecution of the accused’s plea of guilty to the lesser charge is an informed decision.
Against that background, the accused person is found not guilty and is acquitted of the charge of murder.
He is found guilty of the lesser charge of culpable homicide as defined in s 49 of the Criminal Law Code.
The accused stands convicted of the offence of culpable homicide. He killed his friend in a drunken brawl.
He is 31 years old. Counsel who represented him urged the court to take into account that he is indeed a youthful offender.
This court has accepted in the past that the Constitution of Zimbabwe, 2013 in s 20 accords the status of youth on any person between the ages of 15 and 35 years.
The accused pleaded guilty to the charge. Needless to say, pleas of guilty are valuable to the expeditious resolution of criminal cases.
Criminal trials particularly in this court are often a prolonged battle with extended hours being expended in the maze of seeking the truth.
In that process, huge amounts of material resources are needed for the payment of witness expenses.
An accused who pleads guilty must therefore be rewarded for the savings which he/she brings to the administration of justice.
Whether it was intended to be a prank or it was reality nobody will really know. If it was a prank, it, unfortunately, went horribly wrong.
The court equally accepts that the accused acted out of provocation by the deceased who taunted him for having an extramarital affair with his wife.
As if that was not enough, the deceased went on to assault the accused who then retaliated and killed him. The deceased was therefore the initial aggressor.
The situation was compounded by the fact that the accused was intoxicated. He simply lost it as a result.
</blockquote>
Justice Mutevedzi also considered that Foya has been in jail since his arrest last year.
Culpable homicide refers to an unlawful act that results in the death of another person, where the accused did not intend to cause death but acted in a manner that showed disregard for human life.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Drunk Man Kills Best Friend For Joking About Bedding His Wife

Tynwald High School bus driver, Chamunorwa Machimbidzofa, has been sentenced to five years imprisonment by a Nyanga magistrate.
Machimbidzofa was behind the wheel when the Tynwald High School bus was involved in an accident in Nyanga which claimed the lives of six learners and one teacher in 2022.
According to <a href="https://www.manicapost.co.zw/breaking-news-driver-jailed-five-years-for-nyanga-bus-accident/">The Manica Post</a>, Machimbidzofa was found guilty of seven counts of culpable homicide after a full trial at Nyanga Magistrates’ Court.
However, one year was suspended on the condition that doesn’t commit an offence involving negligent driving in the next five years.
This means Machimbidzoka will serve an effective four years in prison.
The court also cancelled his driver’s licence and barred him from driving for five years.
The Tynwald High School bus was involved in a fatal accident in Juliusdale, Nyanga on Friday, 14 October 2022 around 7 PM, with reports suggesting that the driver was speeding and failed to negotiate a sharp curve. 
Six pupils, five female and one male died from head injuries after the bus overturned and landed on its roof near Pine Tree Hotel at the 75km peg along the Rusape-Nyanga Road.
Thirty-nine other learners and staff members were injured and were taken to Nyanga District Hospital and Victoria Chitepo Provincial Hospital in Mutare.
The pupils who perished in the accident are Anesuishe Hove (14) of Bluffhill in Harare; Beyonce Guyo (15) of Madokero, Harare; Anita Manyuka (16) of Tynwald Harare; Destiny Dziva (14) of Avondale Harare; Kimberly Tarisai Mutusva (15) of Chitepo Heights, Harare and Craig Madanhire (age unknown), a male juvenile.
The deceased teacher was identified as Chamunorwa Rukwanha. He passed away on 02 November 2022 at the Avenues Clinic in Harare where he was being treated for head injuries.
<h2>What is culpable homicide?</h2>
If the court concludes that the accused did not foresee the possibility of death but that he should have foreseen it (i.e that a reasonable man would have foreseen it) and the reasonable person would have guarded against it, the correct verdict is culpable homicide. – Veritas
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Tynwald High School Bus Driver Jailed

An 18-year-old woman who was fighting with her two boyfriends was arrested for murder after she missed one of her lovers and accidentally struck a bystander.
The bystander fell into a drain and was rushed to the hospital while unconscious, where he died.
Police confirmed the incident which occurred at a service station in Kuwadzana 2 on Thursday. Police said:
<blockquote>
Police in Harare have arrested Leanda Mupfumira (18) in connection with a case of murder that occurred on 20/04/2023 at a service station in Kuwadzana 2.
The suspect allegedly picked a half brick intending to throw it at one of her two boyfriends she was fighting with.
The brick hit a bystander, Tawanda Nigel Ziumbe (23), resulting in him falling into a drain and becoming unconscious.
The victim died at a local hospital whilst on admission.
</blockquote>
In Zimbabwe, unintentional or accidental killing may be classified as culpable homicide.
Culpable homicide refers to the killing of another person due to negligence, recklessness, or carelessness.
Those convicted of the crime could face imprisonment or other penalties, depending on the severity of the offence and other factors involved in the case.

Teenager Accidentally Kills Bystander During Fight With Two Boyfriends

The Zimbabwe Republic Police (ZRP) has said dog attacks have become a “serious matter”, with some owners of killer dogs having been charged with culpable homicide.
Police spokesperson Assistant Commissioner Paul Nyathi told <a href="https://www.sundaymail.co.zw/murder-charges-for-killer-dog-owners">The Sunday Mail</a> that some residents are now breeding dangerous dogs, and in some cases, the pets are left unattended. He said:
<blockquote>
Some of the dog owners have been charged with culpable homicide.
This has become a serious matter. People are breeding dangerous dogs and instead of exercising maximum caution, they actually leave these dogs unattended, while others do not have the security needed for one to have dogs on their premises.
</blockquote>
It is now common for households to own breeds such as the pitbull, boerboel, doberman, bullmastiff, rottweiler and German shepherd.
A community in Southview Park, Harare, is now living in fear of vicious dogs belonging to a family that recently moved into the neighbourhood.
One of the residents claimed they now spend most of the day in their houses for fear of the dogs. Said the resident:
<blockquote>
They (the new family) have two big dogs and several puppies, which are making them even more aggressive. The dogs have attacked us on several occasions.
Talking to the owners is not helping, as they have only encouraged us to befriend the dogs to avoid being attacked.
We now spend most of the day in the house, while getting home late at night is now risky.
There is a real possibility of being mauled to death.
</blockquote>
Dr. Regis Murwira, a general practitioner, said that there has been an increase in the number of patients being treated for dog bites. He said:
<blockquote>
In the past, we would attend to an average of two or three cases per month, but in the last half of 2022, cases spiked to at least seven.
To attend to dog attack cases, the patient should have a police report. We administer rabies injections before attending to the wounds.
For a rabies jab, one should part with at least US$25, excluding the consultation fee.
</blockquote>
In 2022, a six-year-old girl was killed by two vicious boerboel dogs while playing in Goromonzi.
Before that, a 70-year-old man died after being severely attacked by stray dogs in Ardbennie, Harare, on his way home.
In 2021, a Grade Five learner died in Chegutu after she was mauled by three dogs on her way to school.

Culpable Homicide Charges For Killer Dog Owners

A 17-year-old Mbare boy who was driving a bus with one passenger on board struck and killed a 7-year-old boy on Monday in the same suburb.
The now-deceased boy was playing football with friends along a street in the high-density suburb.
The Zimbabwe Republic Police (ZRP) revealed the tragic incident Tuesday via their official Twitter page but did not give further details on it. Police said:
<blockquote>
Police in Harare are investigating a fatal road traffic accident in which an AVM DAF bus, with one passenger on board and being driven by a teenager (17) hit a boy (7) who was playing soccer on the extreme left side of Harare Street near Gwinyai Primary School, Mbare on 05/12/22. The victim died on the spot.
</blockquote>
In an unrelated incident, 6 people died while 9 others were injured when a truck rammed into a commuter omnibus along the Kwekwe-Gokwe Highway on Sunday afternoon.
5 people who were aboard the Kwekwe-bound Nissan Caravan died on the spot while another one died upon admission at Kwekwe General Hospital.
ZRP national spokesperson Assistant Commissioner Paul Nyathi confirmed the accident which happened at the 60km peg just outside Kwekwe. <a href="https://www.chronicle.co.zw/six-perish-in-horror-crash/">The Chronicle</a> quoted Asst Comm Nyathi as saying:
<blockquote>
The ZRP confirms a fatal road traffic accident that occurred at the 60km peg along Kwekwe-Gokwe Road on 3 December 2022 at around 1300 hours, where six people died while nine others were injured.
A motorist who was driving a Scania Rigid truck towards Kwekwe with one passenger on board rammed into a Nissan Caravan vehicle travelling in the same direction with 14 passengers on board.
Five passengers from the Nissan Caravan vehicle died on the spot, while another died on admission at Kwekwe General Hospital.
</blockquote>

17-year-old Bus Driver Runs Over, Kills Minor In Mbare

The late Tynwald High School teacher, Chamunorwa Rukwanha, has been described by the school head Kennias Matimba as one of the best teachers at the school.
Rukwanha passed away on Wednesday at the Avenues Clinic in Harare where he was being treated for head injuries.
He becomes the seventh victim of the accident which claimed the lives of six pupils along Nyanga Road last month.
Rukwanha, who was an A’ Level Geography and Sociology teacher, sustained head injuries when the school bus overturned after the driver lost control.
Matimba said Rukwanha was well-liked by the learners. He said:
<blockquote>
The school has been robbed of another life again.
The death came after all admitted children, and staff members had been discharged from the hospital.
One of the teachers was discharged and is now using a wheelchair.
Mr Rukwanha was among the best teachers we have and was so jovial and most students liked him.
</blockquote>
A number of Tynwald High School students visited the late Rukwanha in the hospital.
Matimba said mourners are gathered at Rukwanha’s Mabelreign residence. | <a href="https://www.hmetro.co.zw/tynwald-high-school-mourns-again/">H-Metro</a>

"He Was Among Our Best Teachers," Tynwald High School Mourns 7th Accident Victim

The driver of the Tynwald High School bus that was involved in an accident that claimed the lives of six learners who were on a road trip to Nyanga last month faces seven counts of culpable homicide.
The bus driver, Chamunorwa Machimbidzofa, who was wanted by police in Mutare, was arrested in Harare on Tuesday after evading police for three weeks.
He was taken to Mutare for further investigations.
A Geography and Sociology Upper 6 teacher at Tynwald High School, who was part of the trip succumbed to injuries at Avenues Clinic on Tuesday bringing the death toll to seven.
ZRP national spokesperson Assistant Commissioner Paul Nyathi revealed that Machimbidzofa was arrested in the city while moving around offering condolences to some of the parents of the deceased. <a href="https://www.herald.co.zw/tywnald-high-school-accident-driver-faces-seven-counts-of-culpable-homicide/">Said Asst Comm Nyathi:</a>
<blockquote>
He was arrested yesterday (Tuesday) in Harare and had been on the run for three weeks. He did not cooperate with the police also after the accident and has been playing hide and seek. He is likely to face culpable homicide charges.
</blockquote>
Police reportedly tried to contact Machimbidzofa several times but he would refer them to his “lawyer”.
He also wasn’t reporting for duty at the school, resulting in the school not giving him his salary.
The Tynwald High School bus was involved in a fatal accident in Juliusdale, Nyanga on Friday, 14 October 2022 around 7 PM, with reports suggesting that the driver was speeding and failed to negotiate a sharp curve. 
Six pupils, five female and one male, died from head injuries after the bus overturned and landed on its roof near Pine Tree Hotel at the 75km peg along the Rusape-Nyanga Road.
Thirty-nine other learners and staff members were injured and were taken to Nyanga District Hospital and Victoria Chitepo Provincial Hospital in Mutare.
The pupils who perished in the accident are Anesuishe Hove (14) of Bluffhill in Harare; Beyonce Guyo (15) of Madokero, Harare; Anita Manyuka (16) of Tynwald Harare; Destiny Dziva (14) of Avondale Harare; Kimberly Tarisai Mutusva (15) of Chitepo Heights, Harare and Craig Madanhire (age unknown), a male juvenile.
<h2>What is culpable homicide?</h2>
If the court concludes that the accused did not foresee the possibility of death but that he should have foreseen it (i.e that a reasonable man would have foreseen it) and the reasonable person would have guarded against it, the correct verdict is culpable homicide. – Veritas

Tywnald High School Bus Driver Faces Seven Counts Of Culpable Homicide

A Goromonzi man has been arrested and charged with culpable homicide after his two Boer dogs killed a six-year-old girl.
In a statement posted on their social media page, the Zimbabwe Republic Police (ZRP) said that two dogs belonging to Justice Nyamutsamba (40), mauled to death the girl as she was playing with her friends.
Police said they have since killed the dogs and arrested the owner. ZRP said:
<blockquote>
The ZRP reports a sad incident in which a six-year-old girl was mauled to death by two vicious Boer dogs whilst playing with friends on 13/10/22 at Dongo Village, Goromonzi.
The Police have since shot dead the dogs and the owner, Justice Nyamutsamba (40) is being charged with culpable homicide. Investigations are underway.
</blockquote>
In an unrelated case, police in Chiredzi on Tuesday arrested Serudzai Magadzire (45) in connection with a case of murder which occurred on Monday at Village 3, Wasara Range, Chiredzi.
Police said Magadzire and his accomplice, Kenias Magadzire (21) who is still at large, fatally assaulted Benson Chikati (83).
The duo allegedly accused Chikati of witchcraft before attacking him with catapults and wooden sticks.
The victim passed away while waiting to be taken to the hospital.

Girl (6) Mauled By Dogs, Owner Charged With Culpable Homicide

A Harare magistrate has convicted Zimbabwean batsman, Tarisai Kenneth Musakanda, of culpable homicide and fined him $30 000.
Musakanda (27) was involved in a car accident that resulted in the death of a former tennis player, Gwinyai Chingoka early this year.
In her ruling, Harare magistrate Evelyn Mushavakure said the accident was a result of negligence on the part of the accused.
She said the accused failed to take a proper look-out while driving since it was dark and raining, while the now deceased was wearing dark colours.
Mushavakure said imprisonment would be too harsh since the accused is already suffering from trauma, knowing that he caused the death of someone. She said:
<blockquote>
Therefore a fine of $30 000 would be proper.
</blockquote>
Prosecuting, Takudzwa Jambawo alleged that Musakanda failed to exercise caution on the road, which resulted in him hitting Chingoka while he was crossing Simon Vengai Muzenda Road.
Chingoka allegedly sustained fractures on the left leg and elbow due to the impact.
Musakanda stopped at the scene of the accident and rushed Chingoka to Parirenyatwa Hospital for treatment.
The now-deceased was later transferred to West End hospital where he died in January 2022 this year.
Musakanda was represented by Nelson Tonhodzai from Musendekwa-Mtisi Legal Practitioners.
More: <a href="https://www.newsday.co.zw/2022/08/musakanda-fined-30k-for-culpable-homicide/">NewsDay</a>

Cricketer Fined $30 000 For Causing Death Of Former Tennis Player

Two police officers have been charged with culpable homicide for their part in the death of a pedestrian along Highglen Road in Harare on Friday morning.
The two cops, Constable J Mapfumo (36) and Constable Demetrius Chimutanda (33) were reportedly battling for their lives at Sally Mugabe Hospital yesterday, after sustaining serious injuries from a mob attack.
The police officers were attacked by the mob for causing the death of a pedestrian identified as Trymore Chinyamakobvu (54).
Chinyamakobvu was run over by a commuter omnibus while the police officers wrestled the driver, with the vehicle still in motion.
The kombi driver was driving a yellow Toyota Hiace vehicle belonging to Jonah Mafirakureva.
He was confronted by the police officers for picking and dropping passengers at an undesignated point at the intersection of Highglen Road and Main Street, Highfield, Harare (Mapuranga). A police memo says:
<blockquote>
The kombi driver resisted arrest and wrestled with the police officers whilst the vehicle was in motion.
During the scuffle, the vehicle veered off the road and hit Trymore Chinyamakobvu who was walking by the roadside near the intersection of Highglen and Mushayabhande Roads.
The vehicle went on to ram onto a pre-cast wall at Goodness and Mercy Ministries.
Chinyamakobvu sustained head injuries and died on the spot while the informant Robert Munetsi who was a passenger in the kombi sustained injuries on the chest and left leg. 
This prompted the mob to severely assault the two police officers.
A report was made at ZRP Machipisa. Scene was attended by ZRP Machipisa, ZRP Southerton Traffic and Harare South District Reaction Group.
The body was conveyed to Sally Mugabe Hospital Mortuary awaiting post-mortem. Next of kin is yet to be advised.
</blockquote>
The two police officers sustained multiple injuries and were referred to Sally Mugabe Hospital for treatment under guard.
Munetsi was also referred to Sally Mugabe Hospital for treatment and was said to be in stable condition. Reads the memo:
<blockquote>
Outstanding is to arrest driver of the kombi and jointly charge him with the two police officers for Contravening section 49 of the Criminal Law (Codification and Reform) Act, Chapter 09:23 as read with section 64 of the Road Traffic Act Chapter 13:11, “Culpable Homicide”.
</blockquote>
<h4>More: <a href="https://www.zimmorningpost.com/police-officers-charged-with-culpable-homicide-after-kombi-tussle-leads-to-civilian-death/">Zim Morning Post</a></h4>

Police Officers Charged With Culpable Homicide After Kombi Kills Pedestrian

A Shurugwi miner has been dragged to court after explosives he left at home while going to work blew up the house and killed his wife.
Blessed Ndlovu (35) of Magakooshla in Shurugwi recently appeared before Shurugwi Magistrate Sithabile Zungula facing a count of culpable homicide and a second one of possessing explosives without a license.
He was remanded in custody to 12 February 2021.
The State alleged that on 5 January 2021, Ndlovu negligently caused the death of Alice Makasi (21) after the explosives he had left in his house exploded at around 9 pm killing his wife.
The couple’s newborn baby survived the incident.
According to eyewitness accounts, there was a huge smoke followed by screaming inside the house and then there was a huge explosion.
Half of the house was destroyed by the explosion but neighbours managed to rescue the baby.
Ndlovu was found in possession of super power code, 90 emulates and 10 capped fuses in his room.
<h4>More: <a href="https://masvingomirror.com/shurugwi-miners-explosives-blow-wife-to-pieces/" rel="noopener noreferrer" target="_blank">Masvingo Mirror</a></h4>

Explosives Blow Shurugwi Miner's Wife To Pieces

A <a href="https://www.pindula.co.zw/Kombi" rel="noopener noreferrer" target="_blank">kombi</a> driver was on Friday sentenced to three years in prison after being found guilty of culpable homicide.
Harare magistrate Yeukai Chigodora sentenced Bruce Mutizingwa, 29, to four years’ imprisonment before she suspended one year on condition of good behaviour.
According to prosecutor Isheunesu Mhiti, Mudzingwa’s conduct pushed for a custodial sentence to act as a deterrent against would-be offenders. He said:
<blockquote>The accused person only managed to stop 500 metres after the point of the accident which shows that his degree of negligence was very high.
The court should not lose sight of the fact that a life was lost and thus a fine would trivialise this offence. A clear message ought to be sent that drivers must exercise caution to preserve lives.</blockquote>
Mudzingwa was driving his Nissan Caravan along Mutare road at an excessive speed when he hit Yeukai Masvingise, who fell 100 metres from the point of impact.
She was rushed to <a href="https://www.pindula.co.zw/The_Avenues_Clinic" rel="noopener noreferrer" target="_blank">Avenues Clinic</a> where she died an hour later.
<h4>More: <a href="https://www.dailynews.co.zw/articles/2020/01/18/killer-kombi-driver-sent-to-jail" rel="noopener noreferrer" target="_blank">Daily News</a></h4>

Killer Kombi Driver Jailed Four Years For Culpable Homicide

Last week High Court judge Justice Tawanda Chitapi granted bail to visually impaired Benhildah Dandajena (31). Dandajena was released on her own recognisance after convincing arguments from lawyer Ms Mildred Mubaiwa from the Zimbabwe Women Lawyers Association.
Dandajena had been sentenced to one and half years in prison for culpable homicide after she stabbed a gardener who was trying to rape her. She pleaded guilty to the murder charge when she appeared before Magistrate Lucy Mungwari, telling the court she did not intentionally kill the victim but stabbed him in self-defence.
She is now appealing against both conviction and sentence. In her application, her lawyer Mildred Mubaiwa argued:
<blockquote>Applicant contends that the court a quo erred in finding that the deceased had no weapon on him and yet in matters of sexual assault of a woman, the male anatomy and physiology is in effect a weapon of attack, therefore, the court erred in taking a superficial approach.</blockquote>
More: <a href="http://www.herald.co.zw/jailed-self-defence-maid-freed-on-bail/">Herald</a>

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