OPINION: Finally! High Court Sends Right Message On Reckless Unlicensed Drivers Getting Community Service

Enough is enough. For years, Zimbabwe’s justice system has treated unlicensed drivers who kill with shocking leniency. They speed, they lose control, they flee the scene—and then they walk away with nothing more than a few hours of community service. But now, at last, the High Court has taken a stand.

In a scathing rebuke, Justice Mary Zimba-Dube overturned the insultingly light sentence handed to musician Chillmaster (real name Kudakwashe Gift Hombarume) for killing pedestrian Custon Charumbira while driving unlicensed. The court didn’t just criticise the magistrate’s decision—it exposed a broken system that prioritises reconciliation over justice, influence over accountability, and empty gestures over real consequences.

This ruling is a start. But will it actually change anything?

A Life Worth $200 and 420 Hours of Community Service?

Let’s be clear about what happened in Chillmaster’s case.

On April 9, 2025, the musician—driving without a licence—lost control of his vehicle on New Chitungwiza Road. He was speeding between 80 and 100 km/h in a 60 km/h zone. He struck and killed 50-year-old Custon Charumbira. He didn’t stop immediately—his car only came to a halt 67 metres after impact.

These are not minor infractions. These are the actions of someone who showed gross negligence and complete disregard for human life.

Yet, when the case went to court, the magistrate handed down a US$200 fine for driving without a licence and a two-year suspended sentence for culpable homicide—meaning no jail time. Instead, Chillmaster was ordered to perform 420 hours of community service at a primary school.

Why? Because he had given the victim’s family livestock and financial support, and they pleaded for leniency.

The High Court’s Long-Overdue Intervention

Thankfully, Justice Dube saw through this farce.

In her ruling, she pointed out three critical failures in the original sentencing:

The magistrate downplayed the severity of Chillmaster’s negligence.
- Driving unlicensed.
- Speeding excessively.
- Failing to stop immediately.
- These are not “ordinary” mistakes—they are aggravating factors that should have led to a harsher sentence.
The court ignored the mandatory need to consider a driving ban.
- Zimbabwean law requires courts to consider prohibiting offenders from driving, especially in fatal accidents.
- The magistrate didn’t even address this—a glaring omission.
Compensation should not replace punishment.
- Justice Dube made it clear: “A victim impact statement cannot trump the interests of justice.”
- Just because a family accepts compensation doesn’t mean the law should look the other way.

Her words were a much-needed reality check:
“The accused’s manner of driving exhibited gross negligence, and the offence was committed in aggravating circumstances. Courts must send a strong warning to offenders who drive without licences resulting in fatalities.”

This Is Not an Isolated Case – It’s a Systemic Failure

Chillmaster’s case is just the latest in a long, disgraceful pattern of unlicensed killers avoiding prison.

June 2025: A 20-year-old Chinhoyi man caused a hit-and-run that killed one and injured four. He was driving an unroadworthy Honda Fit with no licence. His sentence? 360 hours of community service.

This is not justice. This is impunity for those who can pay their way out of trouble.

Why Does This Keep Happening?

Magistrates are too lenient.
- They treat deadly negligence like a minor traffic violation.
- They prioritise reconciliation over deterrence.
Wealth and influence play a role.
- Offenders with money or fame get lighter sentences.
- Poor families, desperate for support, often accept compensation instead of pushing for jail time.
The law is not being enforced properly.
- Driving without a licence is a crime.
- Killing someone while doing so should mean prison.
- Yet, courts keep handing out community service like it’s a parking ticket.

What Needs to Change?

The High Court’s ruling is a step forward—but only if magistrates start following it.

Jail time must be the default for fatal accidents caused by unlicensed drivers.
- No more suspended sentences.
- No more letting offenders buy their freedom.
Mandatory driving bans must be imposed.
- If you kill someone while driving illegally, you should never be allowed behind the wheel again.
Sentencing must be consistent.
- No more special treatment for the rich, famous, or well-connected.
- A life lost should mean real consequences, no matter who the driver is.

Conclusion: Will This Ruling Actually Make a Difference?

The High Court has sent a strong message. But will magistrates listen?

For too long, Zimbabwe’s roads have been a free-for-all for reckless drivers. The law exists—but if courts keep undermining it, nothing will change.

Justice Dube’s ruling is a start. Now, we need to see real action. No more excuses. No more leniency.

If you drive without a licence and kill someone, you belong in jail. Period.