Judgment in the case of MDC-T MP for Hwange West, Gift Mabhena, who allegedly ran over and killed a child in Mkhosana Township in Victoria Falls four years ago, has been postponed to July 7.
Victoria Falls resident magistrate Sharon Rosemani deferred judgment after she was informed Mabhena was not readily available as he was tied up in the ongoing constitution-making process.
Mabhena faces a culpable homicide charge for allegedly causing the death of three-year-old Tanatswa Zumbika while driving in Mkhosana Township on January 15 2007.
The MP has however denied the charge. In his defence, filed by his lawyer Matshobana Ncube, Mabhena said he did not run over the child as alleged.
He also said the child’s medical and post-mortem reports did not suggest that he had been run over by the MP’s car.
Mabhena said the boy hit against his vehicle, a Mazda 323, after he bolted out of his parents’ home and headed straight onto the road.
Said Ncube: “While the death of the child is regrettable, accused denies that he was negligent in any away. The law imposes a duty for him to ensure that he has a clear sight of where he is going. In the circumstances, the accused will deny that he was negligent because he drove with due care and attention.”
Ncube pleaded with the court that his client be acquitted of the charge.
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“The accused in these circumstances and in his conduct did not fall short and below the standard of a reasonable driver faced with such circumstances as he met. He did not fall below the expected and established social norms of care in undertaking (executing) an activity that carries a risk of harm to others,” Ncube said.
