THE Tynwald high school bus driver who failed to negotiate a dangerous curve on a steep descent with the Zhong Tong bus rolling into a valley killing six learners and a teacher injuring 39 others in Nyanga before going on the run has been has been slapped with a four-year jail sentence.
Chamunorwa Machimbidzofa, 44, was convicted by Nyanga magistrate, Notebulgah Muchineripi who suspended one year from an initial five-year sentence today (Wednesday).
He was found guilty of culpable homicide as defined in section 49 (b) of the Criminal Law Codification and Reform Act chapter 9:23 after a full trial.
Cuthbert Bhosha was prosecuting.
Machimbidzofa who was driving the school-bus registration number ADS 4919 along Rusape-Nyanga highway with 45 passengers on board October 14 at 1800 hours failed to negotiate a curve and lost control of the bus on a steep descent as he approached the 75-kilometre peg.
The bus then veered off the road and overturned several times before landing on its roof.
This resulted in the death of seven passengers and injury of everyone else including himself.
He then went on the run from police following his discharge from hospital – changing his place of residence and phone numbers in the process.
He was only arrested when he was rescued from the hands of an angry father who had lost his child in the accident.
The State successfully argued that the school bus driver was driving negligently by travelling at an excessive speed under the circumstances; failing to keep a proper lookout of the road ahead; failing to keep the vehicle under proper control; and failure to stop or act reasonable when the accident seemed imminent.
Bvekwa legal practitioners were representing Machimbidzofa.
-Madzimbahwe-Explorer
