Dudu Manhenga spared jail, fined $1 000

AFRO-JAZZ musician Dudu Manhenga was yesterday spared from doing time in prison for causing the death of motorcyclist after the High Court quashed her 18-month jail term and substituted the sentence with a $1 000 fine.

CHARLES LAITON
SENIOR COURT REPORTER

Manhenga had been convicted for causing the death of Graham Martin Millward in 2010.

Judges of appeal, Justices Francis Bere and Charles Hungwe, convicted the jazz maestro of negligent driving and further slapped her with a five-month jail term which was wholly suspended for five years on condition that within that period she should not be convicted of any offence involving negligent driving.

While reading the operative part of the judgment, Justice Bere, sitting with Justice Hungwe, said Manhenga was wrongly convicted by the lower court of gross negligence instead of ordinary negligence.

“The appellant ought to have been found guilty of negligence instead of gross negligence . . . the sentence (by the lower court) is set aside and substituted with the following: That the appellant pays $1 000 or failure of payment to serve three-months in prison. Appellant is also sentenced to five-month imprisonment which is wholly suspended for five years on condition that within that period, she should not be convicted of any offence involving negligent driving.”

The judges further said the Prosecutor-General’s Office made a proper and well informed concession by accepting that the magistrate who convicted Manhenga misdirected him/herself by not making a proper inquiry to get the full facts of the offence before making a finding.

Commenting on sentence, Justice Bere said: “It has been stated on many times without numbers that sentencing is the most difficult part for any judicial officer.”

Manhenga, was last year convicted of gross negligence and sentenced to 24 months’ imprisonment of which six months were suspended leaving her with an effective jail term of 18 months.
She then appealed against the sentence arguing the magistrate had misdirected herself by sending her to prison rather than considering other non-custodial sentences.

Manhenga further argued that the lower court had failed to consider that the State led no evidence through eyewitnesses to confirm that indeed she was speeding on the day in question or as to whether Millward himself did not contribute to the fatal accident.

Prosecutor Sharon Fero conceded that the magistrate ought to have taken into consideration the degree of negligence which was ordinary in the circumstances.


She proposed that Manhenga should be sentenced to perform community service, but the judges opted for a fine instead.

18 Comments

  1. GOOD ADVICE: do something for yourself, for your family. Don’t waste your time talking about these already rich politicians while you are poor. Other people are enjoying their lives with money without even paying attention to these dirty politicians. See how this poor Zimbabwean woman became a millionaire just by buying and selling cheap accidented vehicles. Very interesting. Go to CHEAPACCIDENTED.COM to see all 5 companies that she was dealing with to do this business. CHEAPACCIDENTED.COM Wake up African people

    1. til I saw the check of $7348 , I be certain that my brother could actualie earning money part time from there computar. . there uncle had bean doing this 4 only about seventeen months and at present repayed the mortgage on there house and bourt a top of the range Citroën 2CV . use this link,.,,,,,,,,,,,,,,,,,,, W­­­W­­­W.J­­­O­­­B­­­S-S­­­P­­­O­­­T.C­­­O­­­M

      1. Pfutsek Rystoned. Brat sheat mhani.

    2. Ngaaende kujere anokwirwanechidhukuichocho mhani. Plus futi haanake.

  2. 1GOOD ADVICE: do something for yourself, for your family. Don’t waste your time talking about these already rich politicians while you are poor. Other people are enjoying their lives with money without even paying attention to these dirty politicians. See how this poor Zimbabwean woman became a millionaire just by buying and selling cheap accidented vehicles. Very interesting. Go to CHEAPACCIDENTED.COM to see all 5 companies that she was dealing with to do this business. CHEAPACCIDENTED.COM Wake up African people

  3. “Was wrongly convicted by the lower court of gross negligence instead of ordinary negligence.”

    Murder is ordinary negligence : killing someone – Zimbabwean interpretation.

    All the same admitting that – “It has been stated on many times without numbers that sentencing is the most difficult part for any judicial officer.”

  4. I am surprised by this judgement even if she was not speeding the fact that she did not possess a divers licence qualifies the offence to gross negligence .The law should apply uniformly to every one whether rich or poor .Remember this is precedence this judgement will save a lot of people who will drive and kill in future while driving without a licence

    1. This must be a kick in the face of the family of the deceased after waiting for so many years..What is going on?

  5. Hooo, kubva varombo tichapera.

    1. Iyi haisi nyaya yekuti unemari here iyi, inyaya yekuti unoziva ani kuvakuru uko. Dudu must be connected to somene very powerful, mari chaiyo haana. Zuro uno akadzingwa imba yaairoja kumaDale dale!!!

  6. The law should be applied uniformly imagine someone killed a person , a very seriuos offence is sentenced to pay a fine of US$1 000-00 and Mapostori convicted of violence is sentenced to 5years kuita here ikoko

    1. Good question… I hope people from civil society will not let this one just go…This is the beginning of something really FRIGHTENING!

  7. Mapostori vakarova mapurisa vachida zvasiyana ne zvizvi ,this was an accident after all she had provisional licence ,vamwe vanotova nema Fake licence.

  8. I wonder if the judgement would be easier if the deceased was the judge’s relative. What happened to deterrent sentencing? Driving is a big responsibility – what are the courts saying about driving without a license and killing in the process – that it’s forgivable? In protest, I will never listen to Dhudhu’s music ever – I have deleted it all from my devices.

  9. All I can say for now is my thoughts are with the family of the deceased and may his soul rest in eternal peace, also may the family find solace and comfort within their hearts, if the guy had little ones please just be there for the children so that they don’t feel it, this is so sad, what are we doing as a nation, these types of judgements are not good at the face of common man in the street, this may actually cause pple to take the law unto their hands like in the case of imminent justice hence the image of the country and judicial is put under unnecessary spotlight, I hope real justice still prevails in our courts and I trust our courts so I hope one day justice will prevail. Lets all look up to the Almighty for wisdom in whatever jobs we do as He is the one who gave us the courage and intelligence to enter that certain profession as He knows that we will deliver according to our best capability.

    1. GOOD ADVICE: do something for yourself, for your family. Don’t waste your time talking about these already rich politicians while you are poor. Other people are enjoying their lives with money without even paying attention to these dirty politicians. See how this poor Zimbabwean woman became a millionaire just by buying and selling cheap accidented vehicles. Very interesting. Go to CHEAPACCIDENTED.COM to see all 5 companies that she was dealing with to do this business. CHEAPACCIDENTED.COM Wake up African people

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