Woman Awarded US$116K After Unlicensed Air Force Driver Killed Husband In Crash

Woman Awarded US$116k Over Air Force Vehicle Crash That Killed Husband

A heartbroken widow has won a landmark court battle against the Ministry of Defence and the Air Force of Zimbabwe, securing an order for more than US$116,000 in damages after her husband was killed by a military vehicle driven by an unlicensed air force officer who had no business being behind the wheel.

Justice Never Katiyo of the Harare High Court delivered a scathing judgment on February 11, holding the State liable for the 2019 crash that claimed the life of Mudavanhu Manjengwa. The court heard how Matthew Mushinga, an air force employee who lacked a valid military driving licence, was negligently allowed to control a fleet of vehicles without any proper oversight from his superiors.

The victim’s widow, Lucia Manjengwa, dragged the ministry to court seeking compensation for the loss of support following the tragic accident on December 21, 2019 .

Employers Held Vicariously Liable For Rogue Driver

The court found Mushinga negligent but placed the lion’s share of the blame squarely on his employers. Justice Katiyo ruled that the Ministry and the Air Force were 95 per cent liable for the crash, with the driver himself bearing only five per cent responsibility.

The judge rejected arguments from the defence that Mushinga was on a “frolic of his own” when the accident happened.

“The defendants, by issuing a service vehicle and placing it under the control of an unlicensed officer, created a foreseeable risk to the public,” Justice Katiyo ruled.

The judge applied the “creation of risk” doctrine, emphasising the State’s failure to implement basic control mechanisms.

“Their omission to supervise, restrict or prevent the 3rd defendant from driving constitutes negligence independent of vicarious liability,” the judge stated.

The court heard that the military had no effective systems in place, such as logbooks or authorisation forms, to prevent the unauthorised use of the vehicle, a failure the judge said was directly linked to the fatal crash.

Widow’s 11-Year Support Loss Calculated

Lucia Manjengwa’s legal team, from the Legal Resources Foundation, successfully argued that she was entitled to compensation based on her husband’s lost future earnings. Evidence presented to the court showed Mudavanhu Manjengwa, aged 44 at his death, was earning approximately US$931 (around R17,000) per month.

The court calculated that the deceased would likely have continued supporting his family for another 11 years. Based on this, Justice Katiyo awarded the widow US$116,772.48 (approximately R2.1 million) or the equivalent in local currency at the prevailing exchange rate.

The order also includes interest on the amount from the date the summons was filed until the final payment is made, with the defendants also ordered to cover the plaintiff’s legal costs.