MAGISTRATE COURT CAUGHT OFFSIDE! High Court orders tougher ban for reckless Honda Fit driver
A HARARE man who dangerously drove against traffic in a Honda Fit is back in legal trouble after the High Court tore into a lenient lower court ruling and ordered a full review of his driving ban.
Gerald Mangwenyama pleaded guilty to reckless driving after veering into oncoming traffic while rushing to work. The trial magistrate fined him US$450 or four months in jail, banned him from driving Class 4 vehicles for six months, and endorsed his licence.
But the High Court said the sentence fell short of public safety expectations and legal standards.
Justice Esther Muremba questioned why the ban only applied to Class 4 vehicles, leaving Mangwenyama free to operate more dangerous vehicles like trucks and kombis. She described the decision as flawed and lacking proper judicial reasoning.
“Reckless driving is a serious offence that affects road safety, regardless of vehicle type,” said Justice Muremba. “Allowing an offender to drive larger vehicles or motorcycles defeats the purpose of the prohibition.”
The judge criticised the trial magistrate for failing to explain the narrow scope of the ban, calling it a “silent discretion” that could not be justified.
Justice Muremba warned that allowing Mangwenyama to continue driving heavy vehicles posed a greater threat to the public and did little to deter future reckless behaviour.
She invoked Section 65 of the Road Traffic Act and ordered the magistrate to call Mangwenyama back to court to explain why the ban should not cover all vehicle classes.
Deputy Judge President, Justice Garainesu Mawadze, concurred with the ruling.
The judgment sends a strong message that courts must hand down sentences that reflect the seriousness of traffic offences and protect all road users. _*ZimPapers*_
