Wednesday 4 March 2020


A BULAWAYO motorist allegedly failed to control his motor vehicle and fatally hit a two-year-old boy in Pumula South suburb last month.

John Sibanda (60) whose residential address was not revealed in court, allegedly caused the death of Luthando Ndlovu while he was driving in the wrong lane.

Sibanda pleaded not guilty to culpable homicide when he appeared before Western Commonage Magistrate MS Gladmore Mushove.

He told the court that he took all the necessary precautions expected from the driver and the accident was not due to negligence.

“Your worship, l admit that a child died after he was run over by my motor vehicle. I also acknowledge that l was driving on the wrong lane but this is because l saw a car pulling a trolly in front of me and the best possible reaction was to change lanes which I did,” said Sibanda.

“I reduced my speed to 15 kilometres per hour, checked the road to see if it was clear then afterwards went on to drive on the right lane as I wanted to overtake the car. I didn’t see the child anywhere on the road and I only stopped my car after I heard some noise coming from my right side.”

Sibanda said he kept a proper lookout under the circumstances and reduced my speed.  

The prosecutor, Mr Kenneth Shava countered Sibanda’s defense saying he was speeding which led to the accident and death of the minor.

“Given this scenario, all that you have said before this court is evidence enough that you were driving at an excessive speed. You were driving on the wrong lane, you failed to see the child who was a few metres away from the road side and that on its own is enough evidence to prove that you failed to keep a proper lookout under these circumstances,” he said.

Sibanda was remanded out of custody to next Wednesday for his defense case.

Mr Shava said on February 13 this year at around 4PM, Sibanda was driving an Isuzu KB200 vehicle when he lost control of the car.

“The accused person who was driving along an unnamed road in Pumula South suburb lost control of his vehicle and hit the minor who was trying to cross the road,” he said.

The minor was rushed to Mpilo Central Hospital where he died on admission. The post mortem report revealed that the boy suffered severe brain hemorrhages, multiple fragmented skull fractures and traumatised lungs.

The state alleges that Sibanda was negligent in his driving in that he failed to keep a proper look out under the circumstances, failed to stop or act reasonably when the accident seemed imminent.

He was driving on the wrong side and he failed to exercise the highest degree of care expected from a driver who sees children in front of him. Chronicle


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