A Karoi truck driver who was jailed two years and banned for life from driving after being convicted of reckless driving has won partial relief at the High Court, which downgraded his offence to negligent driving and spared him further prison time.
A Karoi magistrate had convicted Benefit Zimunhu for allegedly driving a six-tonne Nissan Diesel truck at night along Chiumburukwe Road without headlights. Police said they spotted him on January 27, 2024, using a passenger in the loading box to shine a torch onto the road before pulling him over.
The magistrate found no special circumstances and slapped Zimunhu with the mandatory two-year jail term, cancelled his licence and barred him from driving for life.
But on appeal, Justices Philda Muzofa and Catherine Bachi-Mzawazi found the lower court had erred by dismissing expert evidence from the Vehicle Inspection Department (VID), which showed one set of the truck's headlights was functional.
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"The court a quo misdirected itself on the said issue," Justice Muzofa ruled.
"The truck was parked at the police station. There was no evidence of tampering before the court. The expert evidence could not be discarded without the benefit of expert evidence to contradict it.
"The appellant's conduct cannot be said to be a wanton disregard of other road users.
"He had one set of lights on, at least other road users could see that there was a motor vehicle. His conduct was negligent."
Instead of the two-year custodial term, the court imposed 10 months in prison, of which three months were suspended and the remaining seven months converted to community service.
The judges also lifted the lifetime driving ban, instead prohibiting Zimunhu from driving heavy trucks (class 2) for 12 months.
"Our roads have become death traps. Every driver, therefore, has a duty to guard against creating conditions that exacerbate road accidents," Justice Muzofa warned. "His conduct must be nipped in the bud."
Zimunhu, who represented himself, had argued that his headlights became faulty en route and that he was only trying to park in a safe place when arrested. But under cross-examination, he admitted someone in the back of the truck was using a torch to light the way, undermining his defence.
Police testimony, backed by the VID report, convinced the High Court that Zimunhu drove at night with faulty lights in an unregistered vehicle, a violation serious enough to warrant conviction, though not for reckless driving.
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