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Road Traffic Law re: Approach and Negligence

HH16-12 : STATE vs ABEL MAPAKO
Ruled By: MUTEMA J and MTSHIYA J

In respect of Count One the accused was charged with and convicted of negligent driving in contravention of section 52(2)(a) of the Road Traffic Act [Chapter 13:11]...,. The negligent driving in question involved the driving of a commuter omnibus. He hit a pedestrian, who fell down and sustained bruises. This was on 10 ...
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HB114-08 : THE STATE vs NAMATAI MAPFUMO
Ruled By: CHEDA J and NDOU J

This is a review judgment forwarded to me as per the usual procedure in terms of the Magistrate Court Act.The accused was charged with contravening section 52(2)(a) of the Road Traffic Act [Chapter 13:11] as read with section 21(a) of Part LXXXIV of the Criminal Penalties Amendment Act Number 22 ...
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HH08-08 : THE STATE vs FRADRECK MBASO
Ruled By: KUDYA J and GUVAVA J

The accused was charged with the offence of driving a commuter omnibus when he was under the age of twenty-five years, purportedly in contravention of section 7(1)(a) of the Road Traffic Act [Chapter 13:11]. He drove a commuter omnibus with twelve passengers...,. He was arrested at a police road block...,. His certificate of competency and ...
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HB29-09 : THE STATE vs KOMBORERO HOVE
Ruled By: NDOU J and CHEDA J

The accused was convicted and sentenced for an offence cited as “Proceed against red robot.” There is no charge sheet in the record of proceedings. I queried this and the learned trial magistrate responded:“The trial magistrate would like to apologise for not sending the charge sheet and the State Outline. ...
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HB50-09 : THE STATE vs THABANI DUBE
Ruled By: CHEDA J and NDOU J

The cause of the accident was as a result of his negligence, the particulars of which are - (1) Driving at a speed which was excessive in the circumstances; (2) Failure to keep the vehicle under proper control; and (3) Failure to stop, or act reasonably, when the accident seemed imminent. In terms of the Road Traffic Act Amendment 3/2000, ...
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HB64-09 : THE STATE vs GILBERT SIBANDA
Ruled By: CHEDA J and NDOU J

The particulars of negligence are that he:- (1) Failed to stop or act reasonably when an accident seemed imminent. (2) Failed to keep a proper look-out in the circumstances. (3) He was travelling at a speed which was excessive in the circumstances.
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HH110-10 : THE STATE vs SABAU
Ruled By: PATEL J and KUDYA J

The accused in this case was found guilty on his plea of guilty to a charge of negligent driving in contravention of section 52(2) of the Road Traffic Act [Chapter 13:11]. The conviction is in order and is accordingly hereby confirmed. The Facts The accused committed the offence whilst driving a commuter omnibus with five passengers on board. ...
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HB03-11 : THE STATE vs JOE GUTUZA and MUNYARADZI MASAWU
Ruled By: MATHONSI J and NDOU J

The two (2) accused persons were convicted of one (1) count of contravening section 40 of the Road Motor Transportation Act [Chapter 13:15] (not Chapter 20:10 as cited in the record)….,.The allegations against the accused persons are that on the 8th December 2010 they were touting for customers at Plumtree Border Post. They were then arrested ...
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HB52-11 : JAYLAN RAMA vs THE STATE
Ruled By: KAMOCHA J and CHEDA J

The appellant appeals against the sentence passed by the Magistrate Court sitting in Gokwe. The appellant was charged with contravening section 6(1)(9) of the Road Traffic Amendment Number 3/2000. He pleaded guilty and was convicted….,. The facts, as outlined by the State, are that the appellant, who was 17 years of age at the time, ...
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HB68-11 : KENNETH DRUMMOND vs THE STATE
Ruled By: CHEDA J and MATHONSI J

The night of 22 November 2006 was a dark and stormy one with poor visibility. At about 2100hours, the appellant, a driver of 37 years clean driving experience, was driving from Harare to Masvingo when, at the 198km peg, he suddenly beheld a huge dark object close ahead of him. It later turned out ...
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HB175-11 : DAVID TEMBO vs THE STATE
Ruled By: KAMOCHA J and MATHONSI J

The 38 year old appellant was convicted of driving a class two motor vehicle without a licence in respect of such class of motor vehicle. The vehicle was a T35000 whose net mass was 260kg. It was a heavy vehicle as defined in section 2 of the Road Traffic Act [Chapter 13:11]. The appellant was carrying ...
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HB131-10 : THE STATE vs NDABENKULU MLILO
Ruled By: MATHONSI J and NDOU J

The accused was convicted of two counts of contravening sections of the Road Traffic Act [Chapter 13:11] by the Magistrates Court sitting at Western Commonage, Bulawayo. In the first count he was convicted of driving without due care and attention in contravention of section 51(1) of the Road Traffic Act [Chapter 13:11]. In the ...
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HB135-10 : MAJOR MHLANGA vs THE STATE
Ruled By: MATHONSI J

The applicant was convicted by the Magistrates Court sitting at Western Commonage, Bulawayo of drunk driving in contravention of section 55(2) of the Road Traffic Act [Chapter 13:11]. The facts are that on the 19th August 2010, the applicant was driving a commuter omnibus, registration no. ABN 5586, along Khami Road when he stopped in ...
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HH39-13 : THE STATE vs VITER MAKUMBE
Ruled By: HUNGWE J and MAVANGIRA J

The appellant was convicted on his own plea on a charge of negligent driving in contravention of section 52(2) of the Road Traffic Act [Chapter 13:11]. The facts are that the appellant, who was driving a Mazda B1800 in a northerly direction along Rekayi Tangwena Road, failed to stop at the intersection with Coventry Road. ...
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HH560-14 : ROBIN SMITH vs THE STATE
Ruled By: HUNGWE J and MAVANGIRA J

The appellant appeals against his conviction for negligent driving in contravention of section 52(2) of the Road Traffic Act [Chapter 13:11]. The following facts were common cause. The appellant, on the day in question, drove due east along Natal Road, Avondale, Harare. He then turned right into Bath Road and continued down that road, but, after a ...
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HB19-14 : THE STATE vs ALBERT MHONDIWA
Ruled By: MUTEMA J MAKONESE J

The accused was charged with, pleaded guilty to, and was convicted of, contravening section 55(2) of the Road Traffic Act [Chapter 13:11]….,. The charge was framed in the following vein: “Charged with the crime of: Driving whilst under the influence of alcohol as defined in section 55(2) of the Road Traffic Act [Chapter 13:11]. In that ...
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HH02-15 : THE STATE vs DOMINIC MACHINGURA
Ruled By: MAWADZE J and DUBE J

When the essential elements were being put, the accused admitted to driving a Toyota Hiace negligently. The charge sheet and State Outline do not suggest that the vehicle in issue was a public service vehicle. Nowhere during the proceedings did the accused acknowledge that he had been driving a public service vehicle. The suggestion ...
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HMA03-17 : THE STATE vs FUNGAI MICHAEL CHITEPO
Ruled By: MAFUSIRE J and MAWADZE J

The State bungled one of the charges preferred against the accused. The trial magistrate not only missed that, but it also mishandled the sentencing options. That is what has prompted this review judgment. The accused pleaded guilty to two counts that arose out of a single driving infraction involving a tractor. The first Count ...
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HH29-15 : TAURAYI MAURUKIRA vs THE STATE
Ruled By: MANGOTA J and TAGU J

This is an appeal against the decision of the magistrate, who, after convicting the appellant on a crime of contravening section 52(2) of the Road Traffic Act [Chapter 13:11], sentenced the appellant to 8 years imprisonment, of which 5 years imprisonment were suspended for 5 years on condition that the appellant does not commit ...
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HH72-15 : THE STATE vs VINCENT CHIZANGA
Ruled By: MAFUSIRE J and TAGU J

The accused was charged with two counts. The first count was contravention of section 6(1)(a) of the Road Traffic Act [Chapter 13:11], i.e. driving a motor vehicle on a road without a valid licence. To this charge he pleaded guilty. The second count was contravention of section 52(2) of the Road Traffic Act [Chapter 13:11], i.e. ...
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HH143-15 : THE STATE vs MOSES KASEKE
Ruled By: MWAYERA J

The accused drove without a driver's licence; he did not only drive but drove negligently by driving at excessive speed thereby leading to an accident in which precious human life was lost….,. It cannot be disputed that driving at excessive speed, without the requisite skill, safely falls under the ambit of gross negligence and/or recklessness.
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HH170-15 : THE STATE vs GIBSON MURINDA
Ruled By: MUSAKWA J and DUBE J

This record was referred to me from the Acting Regional Magistrate for Harare who scrutinised the record. He has raised the following concerns; “The trial court, as part of its sentence, prohibited the accused from driving for two years on the basis that accused had driven a public service vehicle. This is in spite of the fact ...
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HMA23-18 : THE STATE vs GABRIEL KAMUCHEPA
Ruled By: MAFUSIRE J

The trial court has conceded that it misdirected itself in the manner it handled the charge that was preferred against the accused person in Count One and the manner it approached sentencing in both counts One and Two. This case is almost on all fours with S v Chitepo HMA03-17 in which some guidelines in matters ...
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HH178-15 : EMMANUEL KOROVEDZAI vs THE STATE
Ruled By: CHATUKUTA J and MANGOTA J

The appellant, a 39 year old first offender, pleaded guilty to, and was convicted of, contravening section 52(2) of the Road Traffic Act [Chapter 13:11]. The State allegations were that, on 7 May 2014, and at the corner of Prince Edward Road and Josiah Chinamano Avenue, Harare, the appellant drove a Toyota Hiace motor vehicle with registration number ...
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HH224-15 : THE STATE vs HENRY GANDA
Ruled By: MAFUSIRE J and MWAYERA J

Negligence, however gross, or recklessness, cannot amount to mens rea or dolus eventualis as the trial magistrate meant to say: see Attorney-General v Munganyi 1986 (2) ZLR 137 (SC).In that case, in the context of reckless driving within the meaning of the Road Traffic Act, then No.48 of 1976 (now ...
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HH342-16 : THE STATE vs TENDAI VONO
Ruled By: MAFUSIRE J and MWAYERA J

The accused pleaded guilty to culpable homicide. He was duly convicted. The trial court sentenced him to a fine of $200, or, in default, three months imprisonment.Culpable homicide is governed by section 49 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“the Code”). The prescribed penalty is imprisonment ...
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SSC133-21 : CIMAS MEDICAL AID SOCIETY vs LINDIWE MHUNDURU
Ruled By: HLATSHWAYO JA, BHUNU JA and BERE JA

It is important to establish what the term gross negligence entails. It was held, in Standard Chartered Bank of Zimbabwe Ltd v Chipininga 2004 (2) ZLR 94 (S)…, that:“It has been pointed out that 'gross negligence' is a nebulous concept, the meaning of which depends on the context in which ...
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HMT54-19 : CHIVHARANGE TONGI vs THE STATE
Ruled By: MWAYERA J and MUZENDA J

The appellant was convicted, on his own plea of guilty, to a charge of negligent driving as defined in section 52(2)(a) of the Road Traffic Act [Chapter 13:11].The appellant, who was driving a Toyota Ipsum, was alleged to have rammed into a Honda Ballade motor vehicle which was turning to ...
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