Magistrate gives ruling in Harare mbinga Matthew Musengezi’s fatal road accident case
The courtroom buzzed with anticipation as the verdict was read, a culmination of weeks of tense proceedings that had captivated the city. Matthew Musengezi, the flamboyant car dealer and socialite, had been acquitted of culpable homicide charges, a relief that reverberated through the courtroom. However, the relief was tempered with a sense of unease as the magistrate, Ntombizodwa Sibanda, delivered a damning indictment of Musengezi’s actions, convicting him of failing to stop after an accident and imposing a 30-day driving ban and a US$150 fine.
The case, which unfolded in August 2021, had cast a long shadow over Musengezi’s once-glimmering image. The once-celebrated socialite, known for his lavish lifestyle and penchant for luxury cars, found himself facing the grim prospect of spending life behind bars. The image of Musengezi, clad in the standard khaki prison attire, his face etched with the weariness of a week spent in confinement, stood in stark contrast to the charismatic and flamboyant figure he once presented to the world.
The accident, which claimed the life of Gregory Zamba, a passenger in a Toyota Mark X, had sent shockwaves through the city, prompting a flurry of media coverage and public scrutiny. The State alleged that Musengezi, while driving his Range Rover along Samora Machel Avenue, negligently side-swiped the Toyota, causing it to veer off the road and spin several times, resulting in Zamba’s tragic death. Musengezi, in his defence, claimed he was not at fault, shifting the blame to the driver of the other car, Brian Chipatiro. He stated that the Toyota swerved into his lane to avoid colliding with some rubble and, in doing so, clipped his vehicle, causing it to lose control.
However, Magistrate Sibanda, in a meticulously crafted judgment, meticulously dissected the evidence, ultimately finding Chipatiro to be at fault. “It was agreed that the accident occurred at 1.25am along Samora Machel and Rekai Tangwena Road,” she stated. “Samora Machel has four lanes on both sides and Musengezi was driving a Range Rover while Brian Chipatiro was driving a Mark X and the deceased was his passenger and both occupants were not wearing their seat belts. Both cars were headed towards town, the Mark X suffered extensive damage, the roof and the left door was removed, the Range Rover sustained very minor damages on the back door and that Musengezi didn’t stop after the accident.”
Magistrate Sibanda scrutinized the evidence, highlighting inconsistencies in Chipatiro’s testimony. “Brian was recorded to have been travelling in the inner lane and saw that the accused was speeding and suddenly heard an impact and couldn’t tell where he had been hit,” she noted. “It was only when he was pressed by the State that he said that he would have seen the point of impact if they were in the same lane. He told the court that he had passed the boulders which were at the edge of the inner lane contrary to the accident evaluator and the police officer who both said the boulders were obstructing the inner lane and one had to change to the second inner lane. How did he not see the boulders and why are his versions ever changing?”
The magistrate’s judgment concluded that Chipatiro’s conflicting statements and his inability to recall key details pointed to intoxication as the likely cause of the accident. “Brian and his friends were planning a birthday party for the now deceased, these discussions were being done after midnight, Brian had conflicting versions of what happened, he couldn’t see the boulders obstructing the inner lane, the court has drawn the reasonable conclusion that Brian was intoxicated,” she ruled. “That’s the only explanation as to why he can’t remember much, he said the deceased landed near him but the evaluator said it was 39 metres from him, Brian may have been intoxicated and caused the accident.”
While Musengezi may have escaped the harsh consequences of a culpable homicide conviction, the verdict served as a reminder of the gravity of his actions. The 30-day driving ban and the US$150 fine, while seemingly insignificant in the face of a life lost, underscored the seriousness of his failure to stop and render assistance after the accident. The case, a stark reminder of the fragility of life and the importance of responsible driving, serves as a cautionary tale for all, a reminder that even the most celebrated figures are not immune to the consequences of their actions.
Musengezi’s journey, from humble beginnings in Zengeza, Chitungwiza, where he excelled as a marathon runner, to the heights of his socialite status, was a whirlwind of ambition and achievement. A trip to the United States, where he pursued his “American Dream,” transformed him from a promising young athlete into a stylish and successful entrepreneur. Upon his return to Zimbabwe, Musengezi embraced the fast lane, flaunting his wealth and success with an almost insatiable appetite. His social media platforms became a showcase of his lavish lifestyle, filled with images of him sporting designer labels, cruising in luxury vehicles, and enjoying the finer things life had to offer.
From Gucci boutiques in New York to the MGM Grand in Las Vegas, Musengezi documented his travels, leaving a digital trail of his opulent existence. He even proudly displayed his presence at Jay-Z concerts, a symbol of his access to the world’s elite. However, the accident, a stark reminder of the fragility of life, serves as a cautionary tale for all, a reminder that even the most celebrated figures are not immune to the consequences of their actions. The case, a stark reminder of the gravity of his actions, serves as a cautionary tale for all, a reminder that even the most celebrated figures are not immune to the consequences of their actions.