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Fungai Lupande Court Reporter
A sombre atmosphere engulfed the courtroom on Wednesday when members of two families openly wept over a 420 hours of community service sentence handed to a commuter omnibus driver who caused the death of two passengers.

The family members are related to accident victims Tinotenda Regina Chikumbu (11) and Livingstone Shumba (31), who left behind a wife and a two-month-old baby. The driver, Farasi Masawu (32), pleaded not guilty to culpable homicide and driving a public service vehicle without five years experience.

Harare magistrate Ms Ruramai Chitumbura sentenced Masawu to a year-and-a-half in prison on culpable homicide.

Six months of that sentence were suspended on condition of good behaviour. The remaining 12 months were suspended on condition that he completed 420 hours of community service.

Masawu was prohibited from driving any class of movable vehicles for two years. For driving a public service vehicle without five years experience, Masawu was sentenced to a wholly suspended four months.

The two families teamed up and wrote a complaint letter to the area prosecutor Mr Jonathan Murombedzi and resident magistrate Mr Elisha Singano over the sentence that they considered too lenient. Tinotenda’s family was wearing red T-shirts in her memory. Tinotenda’s father, Samson Makaripe, said in an interview that he was disappointed with the sentence and wanted the High Court to intervene.

“As a family, we were shocked that Masawu walked away with murder,” he said. “When the accident happened and the matter came to court, we heard that he was bragging that he is untouchable.

“Today we have witnessed an unbelievable moment that I equate to horror.

“My daughter had her whole life ahead of her, birthdays, graduations, weddings and kids of her own. My heart is broken today. Justice was not served for my daughter. I don’t want to believe this is true” Livingstone’s father, Mr Gift Shumba, said he would fight for justice.

Circumstances are that on October 24, 2016 around 6am, Masawu was driving a Nissan Caravan registration number ADS 8748 along King George Road due south, with 16 passengers on board.

Masawu failed to give way and proceeded through a red robot. He hit a Nissan Presage, which was on the right side and travelling along Cork Road due west. The Nissan Presage veered off the road and Masawu collided head-on with an Isuzu pick-up which was travelling along King George Road due north.

Masawu’s commuter omnibus overturned and killed Tinotenda on the spot, while Livingstone died on admission to Parirenyatwa Hospital.