High Court slams magistrate for ‘excessive’ lifetime driving ban on reckless kombi driver

The High Court has revised the sentence of a commuter omnibus driver, ruling that a magistrate had gone too far in imposing a lifetime driving ban across all vehicle classes following a reckless driving conviction.

Ruzvidzo Freedom was convicted in June 2025 of reckless driving after he drove a Toyota Hiace kombi into oncoming traffic at the intersection of Second Street Extension and Upper East Road, Harare. Though no accident occurred, the trial court jailed him for two years and prohibited him from driving vehicles in classes 2, 4 and 5 for life, cancelling his licence entirely.

On automatic review, Justices Esther Muremba and Munamato Mutevedzi upheld the two-year mandatory jail term but blasted the blanket lifetime prohibition as a “misdirection in law.”

“The trial magistrate’s decision to prohibit the accused from driving classes 2, 4, and 5 for life without distinguishing between the vehicle involved in the offence and other classes was therefore excessive and ultra vires,” the judges ruled. “Imposing a lifetime driving ban across all classes of motor vehicles on a first-time offender… is a measure so severe that it should be reserved only for exceptional circumstances.”

The court found that the magistrate had misapplied Section 53 of the Road Traffic Act, which provides escalating penalties based on repeat offences. For first-time offenders, the law prescribes a mandatory two-year minimum sentence plus a lifetime ban only from driving commuter omnibuses or heavy vehicles, not light motor vehicles.

“Driving against oncoming traffic signifies utter recklessness.

“But apart from that, the magistrate must have noted that the offender was not involved in any accident, and there were no aggravating factors such as injury or damage. The degree of recklessness remained at the base of the recklessness ladder.”

The High Court also warned magistrates against arbitrary prohibitions. “A magistrate who plucks a prohibition from nowhere commits a gross irregularity which vitiates their decision.”

The High Court reduced the lifetime ban to six months for light vehicles (Classes 4 and 5), while confirming that Freedom remains barred for life from driving commuter omnibuses (Class 2).

His licence was cancelled accordingly.

The judges ordered the trial magistrate to recall the offender from prison and formally advise him of the corrected sentence, ensuring