Several people have condemned the courts following a community service sentence which was given to musician Chillmaster.
The singer was sentenced to 420 hours of community service for culpable homicide and fined US$200 for driving without a license.
The sentence, however, didn’t impress other citizens who accused the courts of lacking fairness.
While some sided with the musician that the ‘killing’ is torture on its own.
However, this publication analysed how Mbare magistrate Tatenda Mukurunge could have reached the sentence.
Close sources said he contributed the most during the funeral wake.
He has been cooperating during the process.
During mitigation, the magistrate considered that he is a first offender, he has no previous criminal records.
He is also a young and ambitious hard worker.
Reports are also that, the family of the deceased played a part in saving the young singer from going to jail.
In this case, the magistrate could have considered that Chillmaster was remorseful since day one.
Since the day he committed the crime, Chillmaster said:
“It is with profound sorrow and a heavy heart that I address you today.
“Earlier today, I was involved in a devastating car accident that resulted in the loss of a precious life. Words cannot express the depth of my grief, remorse, and sympathy for the individual who passed away, their family, and loved ones.
“I am fully cooperating with authorities on this tragedy, and I will continue to do so transparently.
“There is no justification for the pain this has caused. I take full responsibility for my actions and will carry the weight of this loss with me for the rest of my life.
“I ask for forgiveness, though I understand it may never come, and I vow to honor the memory of the life lost through reflection, accountability, and actions that align with the gravity of this moment.”
However, in Zimbabwe, culpable homicide is governed by the Criminal Law (Codification and Reform) Act [Chapter 9:23], particularly under Section 49, which defines it as the unlawful killing of another person due to negligence or recklessness, but without intent to kill (i.e., not murder).
Penalty for Culpable Homicide in Zimbabwe:
Section 49 – Culpable Homicide
(1) Any person who causes the death of another person—
(a) negligently or recklessly, or
(b) by an unlawful act which would not amount to murder, shall be guilty of culpable homicide and liable to be sentenced to any punishment up to and including life imprisonment.
(2) The court shall, in determining the sentence, take into account all the circumstances of the case, including the degree of negligence involved.
This section allows Zimbabwean courts wide discretion in sentencing—from fines or suspended sentences in minor cases, up to life imprisonment in severe ones.
Meaning the sentence is not fixed and depends on the circumstances of the case.
It can range from a fine or a suspended sentence (in less serious cases) to a lengthy term of imprisonment, which can be up to life imprisonment in the most serious cases.
Courts consider factors such as:
Degree of negligence or recklessness.
The accused’s remorse.
Whether the death was avoidable.
Prior criminal record.
Mitigating or aggravating circumstances.
Section 6 (5) provides that a person who contravene s 6 (1) which encompasses the offence of driving without a licence shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.
In Zimbabwe, driving without a valid driver’s license can lead to a fine, imprisonment, or both. The Road Traffic Act [Chapter 13:11] specifies a fine not exceeding level six (currently $300) or imprisonment for a period not exceeding one year, or both.
Additionally, the court may prohibit the offender from driving for a period determined by the court.
Here’s a more detailed breakdown:
Fines:
The maximum fine for driving without a license is Level Six, which is currently equivalent to $300.
Imprisonment:
The maximum sentence for imprisonment is one year.
Prohibition from Driving:
The court may prohibit the offender from driving for a period determined by the court.
Additional Penalties:
If the vehicle being driven was a commuter omnibus or a heavy vehicle, the court may impose a life-long ban from driving that class of vehicle, unless the offender can demonstrate sufficient reasons for not being banned.
Previous Convictions:
If the offender has a previous conviction for dangerous, negligent, or reckless driving within the past five years, the court may impose a more severe sentence, including a longer prohibition from driving and potentially cancellation of their license for the classes of vehicles they are prohibited from driving.
Example:
A person convicted of driving without a license could be sentenced to a fine of $300 or a jail term of up to one year, or both.
Additionally, the court could order that they are prohibited from driving for a certain period, or even permanently banned from driving certain types of vehicles if they were operating a commuter omnibus or heavy vehicle.
