Johnson Progress

The High Court has sent popular musician Kudakwashe Gift Hombarume, better known as Chillmaster, back to the Mbare Magistrates Court for a fresh look at his culpable homicide case.

Judge President Mary Zimba-Dube ruled that the original sentence had serious flaws and failed to deal with key legal requirements.

According to Justice Dube, the trial magistrate treated Chillmaster’s negligence as “ordinary” when the facts showed it was far more serious.

“The aggravating features of this case do not justify community service,” Justice Dube said, noting that Chillmaster was unlicensed, speeding between 80 and 100 km/h in a 60 zone, and only stopped 67 meters after hitting the victim.

The case stems from a fatal accident on April 9, 2025, when Chillmaster, driving without a license, lost control of his vehicle along New Chitungwiza Road and hit pedestrian Custon Charumbira, killing him.

Chillmaster admitted to speeding, failing to control his car, and not keeping a proper lookout.

In May, Magistrate Tatenda Mukurunge fined Chillmaster US$200 for driving without a license and sentenced him to two years in prison for culpable homicide with the entire term suspended, half for good behavior and half on the condition that he complete 420 hours of community service.

However, Justice Dube said this sentence was inappropriate given the aggravating circumstances.

One factor that appeared to sway the original sentence was the victim’s family asking for leniency, citing Chillmaster’s financial support and gestures of goodwill, including giving them livestock to appease vengeful spirits.

Justice Dube said while such gestures were commendable, they could not erase the seriousness of the offense.

“A victim impact statement cannot trump the interests of justice,” she said.

“While the accused rendered substantial assistance to the family of the deceased, courts should not allow offenders to buy their way out of custodial sentences.”

Justice Dube also faulted the magistrate for failing to consider banning Chillmaster from driving, a step required by law in fatal accidents caused by drivers.

“Courts must send a strong warning to offenders who drive without licenses resulting in fatalities,” she said, adding that a driving ban would help deter similar offenses and encourage respect for road safety rules.

The case will now return to the magistrate’s court for a new inquiry into the degree of negligence, a decision on whether Chillmaster should be prohibited from driving, and a revised sentence that aligns with the law.