Killer kombi driver jailed 6 years Police chief national spokesperson Senior Assistant Commissioner Charity Charamba parades Wadzanai Mabika, the fugitive kombi driver who struck and killed a Girls High School pupil last month before fleeing to South Africa. — (Picture by Beauty Muchakazi)
Police chief national spokesperson Senior Assistant Commissioner Charity Charamba parades Wadzanai Mabika, the fugitive kombi driver who struck and killed a Girls High School pupil last month before fleeing to South Africa. —  (Picture by Beauty Muchakazi)

Police chief national spokesperson Senior Assistant Commissioner Charity Charamba parades Wadzanai Mabika, the fugitive kombi driver who struck and killed a Girls High School pupil last month before fleeing to South Africa. — (Picture by Beauty Muchakazi)

Tendai Rupapa Senior Court Reporter
A Harare magistrate has blasted kombi drivers for causing untold suffering in the country, saying their behaviour of driving recklessly was costing human lives.

Mr Elijah Makomo said this while sentencing the commuter omnibus driver who recently ran over and killed a Form Four Harare Girls High School pupil and seriously injured another pedestrian.

Wadzanai Mabika (41) was yesterday jailed for an effective six years and eight months.

Mr Makomo said kombi drivers were turning the country’s roads into a traffic jungle.

“There is no explanation to the level of your recklessness. This nation has been subjected to untold suffering by commuter omnibus drivers who drive dangerously, causing traffic accidents which take a toll on human lives,” he said.

“These commuter omnibus drivers are causing unnecessary hardships to the bereaved families. Stiffer penalties will bring sanity to the ‘jungle roads’ that our roads have become. Our superior courts have said that such bad driving conduct should be punished adequately.”

Mr Makomo said Mabika’s actions also exposed passengers who were in his vehicle to danger.

He said if something gets trapped underneath a vehicle, the driver would obviously feel it and blasted Mabika for lying that he did not know that the now deceased was trapped underneath his vehicle. Mabika was speeding against one way when he ran over 17-year-old Jocelyn Gomba and Odwell Mabanga before he fled to South Africa.

For culpable homicide, magistrate Mr Makomo slapped him with five years behind bars before setting aside one year on condition of good behaviour.

He further sentenced him to two years for reckless driving. For purposes of sentencing, the other four counts — failure to stop after an accident, failure to report an accident within 24 hours, failure to ascertain if any person is injured or killed after an accident and failure to render assistance after an accident were treated as one and he was jailed for eight months.

In addition, Mabika’s licence was cancelled. He was prohibited from driving public transport for life and small cars for two years.

Mabika’s wife wept uncontrollably and collapsed in court after the sentence was delivered.

On Tuesday, the mother of the now deceased also collapsed in court and was rushed to hospital. After his conviction, Mabika engaged the services of Harare lawyer Mr Nathaniel Chigoro, who pleaded for the court’s leniency on his behalf during mitigation.

Mabika pleaded for forgiveness from the bereaved family adding that his family was willing to reimburse the expenses they incurred.

Mr Chigoro said Mabika fled the scene fearing mob justice not because he was not remorseful.

“He fled from the scene because he realised his life was in danger from the public. We are not blind to the moral blameworthiness of the convicted person. We are aware of the suffering being experienced by the bereaved family.

“Not withstanding all this, the court must impose a sentence which balances the interests of the offender as well as the society. Judicial officers are human beings but the higher court has ruled that they must desist from involving emotions when delivering sentences.”

“I have instructions from the convicted person and his family that they are willing to reimburse the expenses they encountered during the funeral. They know reimbursement is not enough but is a way of saying they are sorry. They are prepared to engage the members of the now deceased’s family,” he said.

Mabika told the court that he was a father of three who looked up to him as the breadwinner.

On the other hand, prosecutor Mr George Manokore, with the assistance of Mrs Lionellah Chitanda-Matowa urged the court to impose a lengthy prison term.

He said Mabika’s actions showed that he was not remorseful considering that he fled to South Africa.

“He said he fled from the scene fearing mob justice, but what was the nearest safest place between a police station or South Africa where he fled to.

“He is 41 and old enough to appreciate life,” he said.

“If he had not run away and assisted the victims, this could have been a different issue. It is the State’s prayer that his licence be cancelled for life.

“Your Worship, each crime must be treated according to its merit. Of course he is a first offender but he started at the deep end of criminality and therefore he deserves a stiffer penalty. Also a message needs to be sent to would-be offenders.”

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