Malawi killer driver walks free after paying fine

The Balaka First Grade Magistrate has ordered a 42 year old man to pay a fine of K102, 500.00 or in default serve 12 months imprisonment with hard labour for causing death by reckless driving.

Police Prosecutor Sergeant Hunter Masamba told the court that the suspect Francis Mzunga hit a 20 year old pedestrian Shaibu Rabson along Balaka – Chingeni road due to reckless or negligent driving which is contrary to section 126 of Road Traffic Act.

”Due to the accident, the victim sustained severe head injuries and was admitted to Zomba Central Hospital where he was discharged but died two months later at Balaka District Hospital while receiving treatment.”

The suspect pleaded guilty to the charge before the Balaka First Grade Magistrate Court and upon submission of the facts by the state the court found the accused guilty and consequently convicted him.

And in his submission before sentence, Sergeant Masamba asked the court to consider giving the suspect a stiffer sentence considering the increase of road accidents in the country.

First Grade Magistrate Damson Banda conquered with the state that the country is losing a lot of people due to road accidents caused by reckless or negligent driving by drivers like Francis Mzunga.

But considering the fact that he is a first offender as said by the state, and that he pleaded guilty to the charge, Banda ordered him to pay a fine of K102, 500.00 out of which  K90, 000.00 will be compensation to the bereaved family and the rest will be for administrative costs; and in default serve 12 months imprisonment with hard labour. Meanwhile, the suspect has paid the fine.

Both the deceased Shaibu Rabson and the suspect Francis Mzunga come from Mponda village, in the area of Senior Chief Nsamala in the same district of Balaka.

But a member of the deceased family said the fine is “just a bad joke.”

He added: “It is an absolute insult. This case sends out completely the wrong signals to drivers.”

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22 thoughts on “Malawi killer driver walks free after paying fine”

  1. ine says:

    Ali Kaka is walking free in the streets of Malawi when he actually took a gun and shot someone and someone was involved in an accident and we comment stupidly. Real criminals are walking free and we are busy commenting like the driver planned this mxiiii

  2. KANDAWE says:

    STUPID COMENTORS, MUNTHU SUMAKOZEKELA NGOZI

  3. DANIEL PHIRI says:

    this was an accident. that is why such a fine was imposed, I don’t think this particular drive woke up that morning and made a deliberate decision to go on the road and kill the late victim. this is not murder, it’s an accident.
    DRIVERS PLEASE TRY TO DRIVE WITH CAUTION. THIS YOUNG MAN WAS SUPPOSED TO HAVE A WHOLE LIFE A HEAD OF HIM.

    1. TSAKHO LIMENELO says:

      Daniel Phiri please if you have nothing to comment please go home and eat chigwada and matemba
      YES IS AN ACCIDENT BUT THERE IS DEGREE AND CAUSE OF THE ACCIDENT based on admissible evidence before the court so what it implies to you here STIFFER SENTENCE as per sergeant Masamba this driver was negligent or reckless and killed a innocent person because of his negligent, so what charges you could have put to defendant, CULPABLE HOMICIDE or MURDER.

      If i were a JUDGE i could have used DOLUS EVENTUALIS : Objectively DRIVER foresees the possibility of his action that he may cause death to other human being then what happened driver persisted regardless of the consequence. Why you gave lenient sentence if it was CULPABLE HOMOCIDE could be up to 15 year in side the jail or if it was MURDER could be up to 25 years imprisonment. Not lenient sentence that he has been given you cannot compare human life with K102, 500.00 fine nosense judgment. Magistrate’s court what message you are sending to societies out there. ZUPHUPHU basi

  4. bless says:

    These 2 families are neighbours. They are so close. Th distance that separates these families is less than 110 m. Its a sad development that th good relationship which was there b4 has ended in this way. Compesation or no compesation life want be brought back but what matters more is life after an accident,hosptal, death and funeral,court and life beyond all these. I suppose there were missed opportunities. Amfumu a mponda{Yokonia}ndi abale, u could settle th issue in one way or another and ur guidance could help avoid damaging more the injured relationship. Court has passed judgement but hate wil live ever more. What hav we gained as neighbours ,Mponda and Balaka residents? LET US NOT BE DIVIDED. NDIiFE ANA KAMODZI. WORRIED MBALE

  5. Madalitso says:

    If the deceased was alive & only sustained severe injuries would the 90,000.00 take him for a better hospital! No sense judgement 5 yrs wd hv bn fair for this!!

  6. SHAME says:

    It’s not about the magistrate BUT the laws, zakudinyani? talk to your MPS to push this stupid government to do something about it.

  7. Quota system says:

    Balaka magistrates are never short of drama and controversies. Look at the sentences they mete out for rapists.

  8. galu wa galu says:

    DumSon Banda is corrupt. I know him.

  9. Mwana Mlomwe says:

    Mr Balaka First Grade Magisrtate what does this mean to the believed family ? You want to mean that had it been that it was ur son you would have passed the same judge ment? Stupit man

  10. godobaman says:

    Moo wamunthu ndi ka k102.500.00 koma inu kodi za ukhothi wanuwo mumakaphunzira kuti ?

  11. Steve says:

    Sorry ofedwa is only GOD knows

  12. TSAKHO LIMENELO says:

    To compare with human life what is R102,500.00, JUDGE please this is nothing please he was not suppose to get LENIENT SENTENCE for person who took someone’s life for good what is R102, 500.00 please JUDGES this not good Ziphuphu kuchuluka oweruza milandu inu

  13. Nyangwani says:

    If he paid, it means he was found guilt. Why did he pay if he had no case?

  14. Redeemed says:

    Reckless driving really is a global worrying factor, a daunting questing is the level of complecence by the current people when commiting sin, indeed we are living in final days where the devil has taken full control, arrogance, dishonesty and all sorts of inequities are in full volume.
    Last monday afternoon on my way home, I witnessed a very disturbing scene, where a Cool drink truck had lost its load on one of the four lane high ways, I was shocked to see a number of mortorists who stop their vehicles in the middle of the high way, alighting and run to the truck to help themselves with bulks of canned drinks, causing unnecessary traffic in the process. In the morning hours of yesterday, about 500m from the accident scene the driver of a fuel truck lost control of his vehicle, plunged into fourty nine vehicles resulting in four fatalities and sixteen injuries. Now my question is, had this accident occured on previous day chances are some of the victims of yesterday’s accident could have been those who stole the cool drinks out of the truck from the previous day.

    I wish people could develop conscience enough to fear God, and live each day as if it was last and most of all to realise the time we are living in.

  15. Mtupatupa says:

    Pepani ofedwa, however you also got to fill compasation form with the labour office so that the insurance for that particular motor vehicle should compansate you for that loss. Ambuye akhale nanu

  16. Momo sam says:

    malawians are very cheap just 100k for the whole 20 year old youngman.tough to deceased family,shame to th judge.eish

  17. o'Betha says:

    K90,000.00? I did not know that life can be this cheap, Mr. “Balaka First Grade Magistrate”.

    1. TSAKHO LIMENELO says:

      (R90,000.00 this change from change). meaning you can kill and take someone’s life then you pay R102, 500.00 then the case is done for good oooooh!!!1 shame on incompetent JUDGE like this one from Balaka

  18. V1 says:

    Go buy another life! I guess the judge said so…

  19. Akilly 2 says:

    Ndipemphe ofeledwa kuti ndalamazo awasiyire a Court-wo, it seems to me that this Balaka based F.G.Magistrate is so leniency to offenders may be itz bkoz he has overstayed or w@??? Look the defilers and rapers ukukhumudwitsa kwambiri Magistrate-we mwina amakunyemera ma offender!! Mmmxxiiiiiiii!

  20. Commissioner Wasiya says:

    Malawi Judiciary has failed to protect us right from Msosa going downwards. Tikakumana ku Qiyamah agalu inu

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