High Court rejects lenient sentence for truck driver who crushed three to death at a Budiriro vending stall

A truck driver who killed three people when his 22-metre-long haulage truck crushed a roadside vending booth in Budiriro while chasing another vehicle has had the High Court reject his lenient sentence as a “slap on the wrist”.

Nacky Nyasha Chinyadza was convicted of culpable homicide following the May 9, 2025 accident in which his truck’s second trailer struck and ran over Farai Enock Shereni, Lawrence Wasara Senior and Lawrence Wasara Junior, who were inside the booth.

The truck was carrying 32 tonnes of copper when Chinyadza, allegedly pursuing another vehicle after it sideswiped his truck, drove into a narrow residential crescent at high speed.

In a review judgment, Justices Faith Mushure and Lucy Mungwari said the circumstances went beyond gross negligence, describing Chinyadza’s conduct as “pure recklessness”.

“It was incredibly dangerous for the offender to engage in a car chase while driving a 22-metre-long truck carrying 32 tonnes of copper through a residential area,” Justice Mushure said.

“He drove with total disregard for the safety and rights of bystanders, other drivers and pedestrians. He put his own selfish desires above everyone else, including the three people who lost their lives because of him.”

The court heard that the accident happened at the intersection of Patrenda Way and Kushanda Crescent, opposite Pahasha Business Complex in Budiriro 2, at about 6.30pm.

Chinyadza was driving a Swaziland-registered Fuso truck towing two trailers when he attempted to negotiate a turn into the narrow crescent.

Witnesses said he took the turn too fast, forcing one witness and a colleague to jump out of the way to save themselves.

The second trailer swept into the roadside vending booth, crushing the three pedestrians and inflicting fatal injuries.

A vehicle examination report showed that the indicators and rear lights on both trailers were not working, the brakes were faulty, and some tyres were worn.

Chinyadza told the court that the length of the truck and trailers made it difficult to manoeuvre through the narrow road. He also blamed the victims, arguing that their vending booths had been erected too close to the road.

The High Court condemned the blame-shifting, saying it showed he had no remorse.

“Showing a total lack of awareness or concern, he did not even notice the destruction and fatalities he left in his wake, continuing to drive until angry members of the public blocked his path and meted out instant justice,” Justice Mushure said.

After striking the booth, Chinyadza continued driving and sideswiped a Ford Ranger before members of the public blocked his way and forced him to stop.

He was also charged with failing to stop after an accident but was acquitted on that count by the trial magistrate.

The magistrate sentenced him to 48 months in prison, suspending 24 months for five years on condition that he did not commit another offence involving negligent driving. The remaining 24 months were suspended on condition that he completed 630 hours of community service at Glen View 6 Primary School.

However, the High Court refused to certify the sentence as being in accordance with “real and substantial justice”, saying the magistrate had treated the case as a simple negligent-driving matter and failed to appreciate the severity of the three deaths.

“The trial court took a casual approach to this case. By being offhanded, the trial magistrate misjudged how negligent the offender actually was, allowing him to walk away with nothing but a slap on the wrist,” the judgment said.

The judges said the aggravating circumstances called for direct imprisonment, not community service.

“Community service imposed in circumstances such as these has the effect of trivializing the offence of culpable homicide arising from road traffic accidents,” the court said.

The High Court also found that the magistrate had erred in dealing with whether Chinyadza should be prohibited from driving.

Although the judges confirmed his culpable homicide conviction, they withheld certification of the sentence, noting that he had likely already completed it and that a retrial would prejudice him.

The court quashed the finding that special circumstances justified not prohibiting him from driving and remitted the matter to the magistrates’ court for reconsideration of the driving prohibition under the correct legal principles.

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