27 May 2019

Ghanzi Magistrate Lechane Wotho last week gave a Zimbabwean national a wholly suspended sentence after he, who pleaded guilty for causing death by driving a motor vehicle whilst unfit to drive.

Magistrate Wotho sentenced Tawanda Zvidzai to pay P10 000 or in default thereof to spend three years in jail, a sentence  she wholly suspended for a period of three years.

Zvidzai had on December 25, 2018 at Thiite Shopping Complex in Ghanzi, caused the death of one Gakeitse Botlhalentwa by driving a motor vehicle, Mazda Axella, while unfit to drive due to influence of  alcohol  or drugs.

It was found that alcohol content in his blood was 197 milligrams in 100 milliliters of blood exceeding the prescribed permissible limit of 80 milligrams of alcohol in 100 milliliters of blood.

Before passing the sentence Magistrate Wotho said she considered the mitigation but a  loss of life was misfortune that could not be taken light.

In his mitigation, Zvidzai claimed that had it not been a knock on his vehicle window by police officers, the incident  would not have been happened. He said he had been sleeping in the vehicle when he heard a knock on the window of the vehicle and started the vehicle to run away for his safety, thinking he was being attacked by criminals, unfortunately he drove into group of people, killing one and injuring others.

Thus, the court acknowledged that panic and shock coupled with intoxication led him to commit the offence.

“Zvidzai was not in the right mind, and courageously parked his vehicle and slept, presumable to drive it at the time when he is fit to do so,” said the magistrate.

Mitigation also suggested that the offence did not define his character , noting that he said he prayed every day for the victims to forgive him since the incident.

It also suggested that during his 14 years stay in Botswana, he had played a meaningful role in Ghanzi as he has built houses for reputable people and created jobs for Batswana.

“Consequently, I do take into consideration the reaction which led to the crime and his contribution to the country,”  said Lechane.

Magistrate Wotho also added that he was the first offender and had displayed heartfelt remorse.

On another count, driving while alcohol content in his blood was exceeding the permissible limit, Magistrate Wotho sentenced him to pay P5 000 or 18 months imprisonment, both sentences run concurrently.

He also pleaded guilty to this charge.

He was prohibited to hold driving license for a period of 12 months within the borders of Botswana, the sentence run from the time he was arrested. ENDs