Zimbabwe News and Internet Radio

Mugwadi fined for culpable homicide

By Lovemore Meya

Musician Tererai Mugwadi, who was convicted of culpable homicide after she was involved in an accident that killed one person was yesterday fined $250 by a Chitungwiza court.

Tererai Mugwadi
Tererai Mugwadi

Mugwadi (32) of Stapleford, Mount Hampden in Harare, denied the charges when she appeared before Chitungwiza magistrate Mr Oliver Mudzongachiso.

Mr Mudzongachiso, however, found her guilty after a full trial and fined her $250.

She will spend two months in prison if she fails to pay.

In passing sentence, Mr Mudzongachiso said Mugwadi’s driving was not so dangerous as to warrant the cancellation of her driver’s licence.

Prosecuting, Mr Edmond Ndambakuwa told the court that a deterrent sentence was appropriate, especially in cases that involved loss of human life.

“She was involved in a head-on collision, causing the death of one person and injuring three other passengers from another vehicle.

“Precious life is being lost due to such negligence and it is my plea that a deterrent sentence be passed and her licence be cancelled or barred from driving for a period not exceeding a year,” he said.

However, Mugwadi’s lawyer successfully argued in mitigation that a custodial sentence wasn’t appropriate since she was not only asthmatic, but had two young children who look up to her. The Herald

  • Corruption

  • mitongo yacho…zvakaoma.
    Vanombovaendeserei ku court kwacho.
    Ukuwo chitungwiza mayor opihwa community service for abuse of office and corruption..unobva watozvishaya.

  • The sentence is just a joke!

  • How ridiculous is this. 250 for killing someone?

    • Moda timuuraye here timudonhedze nhasi chaiye

    • There are a lot of factors to be considered, it’s “culpable homicide” not “murder” the killing wasnt intentional, the deceased might also have been on the wrong

    • @Leo what if the driver was wrong?

    • Its culpable homicide not murder how to you say she killed some1?

    • Can you read the definition of homicide again Jimmy Jack

    • Murder and culpable homicide are different. What differentiates them is the initial intention. Inasmuch as both has dead people but the circumstances are different. Murder a person is killed intentionally n is planned. Culpable homicide a person is killed but it’s not intended. If you are driving and you lose control of the car and you hit a pedestrian and the person dies , that was never planned or intended.

    • So was my first comment wrong? Did I say intentionally? Or I Said she killed

    • She killed someone but since ari daughter waelasto mugwadi one of the heavies in zim what did you expected?yeah culpable shit

    • Connected bitches always finds their way out but ngozi haina connection zvayo haivhikwi kungoripa chete

    • Section 47 of CODE #9.23

      Murder

      (1) Any person who causes the death of another person
      (a) intending to kill the other person; or
      (b) realising that there is a real risk or possibility that his or her conduct may cause death, and continues to
      engage in that conduct despite the risk or possibility;
      shall be guilty of murder.
      (2) Subject to section 337 of the Criminal Procedure and Evidence Act [Chapter 9:07], a person convicted of
      murder shall be sentenced to death unless
      (a) the convicted person is under the age of eighteen years at the time of the commission of the crime; or
      (b) the court is of the opinion that there are extenuating circumstances;
      in which event the convicted person shall be liable to imprisonment for life or any shorter period.
      (3) A person convicted of attempted murder or of incitement or conspiracy to commit murder shall be liable
      to be sentenced to death or to imprisonment for life or any shorter period.

      Then

      Section 49 of CODE #9.23

      Culpable homicide

      Any person who causes the death of another person:
      (a) negligently failing to realise that death may result from his or her conduct; or
      (b) realising that death may result from his or her conduct and negligently failing to guard against that
      possibility;
      shall be guilty of culpable homicide and liable to imprisonment for life or any shorter period or a fine up to or
      exceeding level fourteen or both.

    • The magistrate is guided by the book so looking at the circumstances the offence is classified and mutongo unopiwa accordingly it’s better that you advocate for the change of that section from the code since it sounds so lenient to someone whose actions results in a person’s death

    • Hilda Makwangudze Mdaya you don’t really know the law hanty. I will not argue with you coz kupedza nguva

  • Country resources dzese on 250 plus a persons life? Munhu atosiya mhuri yake n the culprit gpes free ne 250 isingabhadhare rent mwedzi one hawo! This is sick

    • Waida kuti aitwe sei

    • Dai iri hama yako yakafa waida abhadhare 250?

    • Shingie a heavy sentence on a well known somebody will send the message home for future offenders

    • Ed, Shingi knows well akunyepera kudzungaira uyu

    • Just $250 out justice system is rubbish aba mombe 9yrs auraya munhu $250 like seriously something is wrong

    • IMI KA IMI ITAI MUSHE ACCIDENT ndiyo yamungati auraya munhu kunge aida iye kutoraramawo hanty ndiMwari did she have any guarantee that she would survive the accident??

    • Saka 250 accident or not unganzi mutongo uri bho here munhu afa?

  • Very lenient sentence

  • Chitungwiza magistrate courts are notorious for taking bribes,its a syndicate the PPs ,Magistrate and all court officials

  • She is a musician

  • If it was a vehicle accident it has option of fine. Munapotawo muchipinda muma courts muchinzwawo nyaya

  • haana kuita achida ndosaka ichinzi accident munaita muchifundawo mutemo kuti unotii

    • Culpable homicide munoiziva here kana kuti muningowawata

    • iwe ine option yefind shaa zvichienderana neongororo iripo

    • But if i read the story well long back, this celeb is said to have been driving under the influence of alcohol coming from a night club, She was even said to be carrying up to 15 years in prison if she was found guilty. what does the law say wen it comes to drunken driving behavior, what does defensive driving say about drunken driving. food for thought, pane akapihwa mari.

    • Taura hako Justice, jus driving under the influence of alcohol can land you behind bars what if you kill some1 drive whilst drunk #foodforthought

    • Akaita achida uyo bcz if u drive under the influence of alcohol is called reckless driving

    • look witnesses who were in the car wakati waz dazled nemalights e e oncoming traffick resalting kuti atadze kuona road .uyezve tozoongororawo kuti pasenger yanga iri mu open truc ndoyakazorasikirwa neupenyu .ndosaka mapurisa achiti open truck isatakure wanhu coz inokonzeresa . ngatitarisei hedu nyaya idzi tiine ongororo netsiye nyoro tisina hasha.guys the most danger muroad malights wamwe havatombodeepe zvavo

    • @suto dai yanga iri hama yako yakafa waiutambira here mutongo uyu vanhu varikuti mhosva ngaitongwe sezvairi tisingatarise kuti ndiani

    • tht one was a negligent driving..she wasnt sober…dazzled by lights kudiiwo …idoro nemadrugs akati asaone nekufunga bho…if an oncoming traffic flashes you ..u slightly cast your eyes to the left bt uyu ndokuno bata steering kunouraya munhu……musatyaire mota makadhakwa mutemo uriko kana pakunyora provisional licence

  • saka kuuraya munhu is cheaper as compared to driving without licence

  • Is this diff neya dudu akasaver 2 yrs if um not mistaken??

  • Interesting

  • Mutemo weZim unofanirwa kugadziriswa please munhu akaita tsaona asina kudhakwa uye kurikunzi motor yalooser control wotopihwa mutongo unfair

  • I should be a musician

  • Chitungwiza courts are very corrupt, a lot of criminals are out of custody

  • Zvemutemo izvi zvinoda anozvihwisisa

  • How much did she pay the judge

  • Culpable Homicide through an accident of a licensed driver,unlicensed driver and that of killing someone during a fight are three different categories of one crime.

  • What happened to Dudu Manhenga?

  • A SLAP IN THE FACE OF JUSTICE

  • 😳😳😳😳

  • At least she should have saved 5 years in jail .. Sick Justice

  • Zimbabwean courts are soo lenient with these celebrities, in others countries they pass a judgement based on facts other than considering the identity of the accused. Pestorious is inside in SA, here in Zim Dudu knocked a biker dead n she is free, now Tererai fined $250 for homicide, that’s a SHAME our justice has gone to the dogs why be selective WHY!!!!!!!

    • these 2 incidents u mention dont even come close to wat oscar did….thank God we dont hav a jury system in zimbabwe because with people like u …we wud get hanged for accidents.

    • Yes Oscars crime is of another magnitude but all the same do you think it was a fair judgement?? Well for starters it is said Mungwadi was drunk n coming from a pub and you knock some1 under the influence of alcohol,does that not warrant a heavy sentence?? Bcz what the judgement is doing is encouraging/assuring motorists that you can get away scot-free after killing some1 even if you are drunk,come man am not a lawyer neither am I well versed with that subject but even a layman can see that Justice didn’t prevail in this case #irestmycase

    • Verengai mutemo tsano not kushandisa mufungiro wenyu. Culpable homicide has got an option of fine upto level 14

    • Section 47 of CODE #9.23

      Murder

      (1) Any person who causes the death of another person
      (a) intending to kill the other person; or
      (b) realising that there is a real risk or possibility that his or her conduct may cause death, and continues to
      engage in that conduct despite the risk or possibility;
      shall be guilty of murder.
      (2) Subject to section 337 of the Criminal Procedure and Evidence Act [Chapter 9:07], a person convicted of
      murder shall be sentenced to death unless
      (a) the convicted person is under the age of eighteen years at the time of the commission of the crime; or
      (b) the court is of the opinion that there are extenuating circumstances;
      in which event the convicted person shall be liable to imprisonment for life or any shorter period.
      (3) A person convicted of attempted murder or of incitement or conspiracy to commit murder shall be liable
      to be sentenced to death or to imprisonment for life or any shorter period.

      Then

      Section 49 of CODE #9.23

      Culpable homicide

      Any person who causes the death of another person:
      (a) negligently failing to realise that death may result from his or her conduct; or
      (b) realising that death may result from his or her conduct and negligently failing to guard against that
      possibility;
      shall be guilty of culpable homicide and liable to imprisonment for life or any shorter period or a fine up to or
      exceeding level fourteen or both.

    • Thanx Noah, but for that offense being fined is jus being too lenient, drunk driver knocks some1 dead isn’t that obvious bcz driving under the influence in its own is an offense what if you knock someone whilst driving under the influence of alcohol, do you still think a fine was just??

    • Heeey come on this is not killing, it was an accident, she never got into her intending to kill some1

    • mutemo unoti if you are drunk stay off the road..Mugwadi ndokudriver akadhakwa ndokutsika munhu..akatoti iye haiwawo ndichabhadhara…you culd see kuti pane paakatsika..dai uri iwe urikumu defender utori mukati izvozvi…..iyo haisi cupable homicide its negligence driving…its murder

    • kungohumana vanhu varipano accident ine anoita achida???

    • if Tererai was apprehended at the scene drunk and an alcoholic test conducted should have received a different sentence.So the drunk issue can not be proved verbally at court

  • Varikutaura zvemalicence isu tiine majagwa kkkkk…….musamwa dilution. Stunner achiita community service for driving without a licence. Ma1

  • Culpable homicide with a vehicle is far different from premeditated murder.Thats the justice system we have.We often see premeditated murderers given bail and end up defaulting court much to the disappointed of the deceased’s relations.

  • Section 47 of CODE #9.23

    Murder

    (1) Any person who causes the death of another person
    (a) intending to kill the other person; or
    (b) realising that there is a real risk or possibility that his or her conduct may cause death, and continues to
    engage in that conduct despite the risk or possibility;
    shall be guilty of murder.
    (2) Subject to section 337 of the Criminal Procedure and Evidence Act [Chapter 9:07], a person convicted of
    murder shall be sentenced to death unless
    (a) the convicted person is under the age of eighteen years at the time of the commission of the crime; or
    (b) the court is of the opinion that there are extenuating circumstances;
    in which event the convicted person shall be liable to imprisonment for life or any shorter period.
    (3) A person convicted of attempted murder or of incitement or conspiracy to commit murder shall be liable
    to be sentenced to death or to imprisonment for life or any shorter period.

    Then

    Section 49 of CODE #9.23

    Culpable homicide

    Any person who causes the death of another person:
    (a) negligently failing to realise that death may result from his or her conduct; or
    (b) realising that death may result from his or her conduct and negligently failing to guard against that
    possibility;
    shall be guilty of culpable homicide and liable to imprisonment for life or any shorter period or a fine up to or
    exceeding level fourteen or both.

  • It not the question of kuuraya munhu but the situation surrounding that death this was an accident . it’s very different from kuno bata munhu wo check musoro with intent

    • You realise she was drunk driving right and swerved into the other lane in front of oncoming traffic?Is that negligence?

  • Everyone deserves a second chance folks

  • “Yesterday”???????????????…..

  • “Yesterday”???????????????…..

  • Corruption within the courts…..

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  • Aaaah

  • Shithole magistrate

  • Ah

  • ndiko kuita kwemari, can get away with anything. vana Mugwadi mari vanayo zvekuti $250 haambooni and haimurwadzi kubvisa

  • Saka ukamakana nemunhu hazvichanetsa kumuuraya unongopinda mumota wotomutsika wotonzi culpable homecide wotopiwa fine,so its easy

  • Zvakaoma

  • Ingonzi waRepa uwone apa usina mmmmm

  • What about the family of the deceased. How were they supported on their child’s untimely death???. If she was under the influence it begs to question if the $250 is fine for being intoxicated whilst driving or for the actual negligence. Just wondering

  • God of War

    The family of the deceased should demand 30 herd of cattle otherwise……

  • Enda unoripa ngozi

  • Is there any fine that redeem lost life? If not then why criticising the ruling ?

  • Lucky for her

  • It was not intentional, it’s different from murder with actual intent. Say for example you are negotiating a curve and suddenly a boy encroaches in front and without giving you time to brake you run him over. Or if a lunatic sits in the middle of the road, you are not seeing him because you are dazzled by an oncoming, may these circumstances be equated to murder.

  • hupenyu hwemunhu kuita kunge hwemombe kudaro. munhu anga akarohwa ne madrugs hake. apa patenderera mari apa.

  • HARARE – Urban grooves musician Tererai Mugwadi killed a man and injured several others in an accident, but refused to offer any assistance, a Chitungwiza court heard yesterday.
    Mugwadi, 32, was arrested for vehicular manslaughter and culpable homicide shortly after the June 23, accident.
    One of the accident victims — Nomatter Mahute — who escaped with multiple injuries, told the Chitungwiza Magistrate’s Courts how he had tried to persuade Mugwadi to assist but was met with hostility.
    “After I had assisted my friend who was bleeding profusely and appeared to have sustained a number of head injuries and a dislocated hand, I approached Mugwadi to check if she was okay,” Mahute said.
    “I got there and she was seated in her car. I asked her if she could come and assist us. Akangoti siyanai neni kana pane afa ndinobhadhara (She said leave me alone, if anyone has died I will pay). I was shocked at her reply and walked away to help the others. She just remained in her car until the ambulance came.”
    Mahute said the Waenda hitmaker showed no remorse; hence he could not absolve her of any wrongdoing.
    In her defence outline, Mugwadi indicated that she swerved from her lane and into the inner lane after her eyes were blinded by the flash lights of an oncoming vehicle. Mahute argued that Mugwadi could have avoided the accident had she slowed down and cast her eyes in the opposite direction rather than encroach into another lane.
    Another victim, Lucky Taderera, who appeared in court with his right hand in a plaster and with visible stitches on his head, narrated how he remembered the accident occurring.
    Taderera said the force of the impact caused the truck to go airborne before it tumbled, in the process throwing off five passengers who were at the back.
    “I can’t say much but I remember losing consciousness when our car was lifted into the air before it tumbled to the ground,” Taderera said.
    “From that stage, I did not remember much as my head was bleeding and I was unconscious o

  • The level of arrogance that woman possess is not from this world,perhaps from the marine world.Wish she was sentenced to 3 years or more in prison,250 dollars for killing a man while drunk driving does not sound right at all.

  • CHETE