Police officer jailed 10 years for recklessly shooting and killing suspect during arrest

A police officer, Talent Mabvuwo, has been jailed for 10 years by the High Court in Chinhoyi after being convicted of murder with constructive intention.

Justice Phildah Muzofa, who delivered the judgment, found that Mabvuwo – a 15-year veteran of the Zimbabwe Republic Police – acted recklessly when he fatally shot Douglas Sivaminyile during an attempted arrest in Berejena Village, Makonde, on May 9, 2024.

The court heard that Sivaminyile was wanted for a series of violent assault cases.

However, instead of using minimal force, Mabvuwo fired three shots through a closed bedroom door, killing him.

Evidence showed that Sivaminyile was behind the door at the time and posed no imminent threat to the officer or his colleagues.

Post-mortem results also disproved Mabvuwo’s claim that Sivaminyile had attacked them with an axe.

Justice Muzofa ruled that Mabvuwo must have foreseen the possibility of death but chose to proceed regardless.

She further noted that he failed to explore safer alternatives, such as calling for reinforcements.

In mitigation, the court considered Mabvuwo’s clean service record, his family responsibilities, and his assistance to Sivaminyile’s family during the funeral.

But this was weighed against the impact of Sivaminyile’s death, particularly on his disabled child who depended on him for care.

Justice Muzofa stressed that the right to life must be protected and that police officers are expected to use minimum force in carrying out their duties.

She said the sentence was meant to strike a balance between justice, deterrence and mercy.