The Mbare Magistrates Court now has 30 days to reassess Chillmaster's culpability in the fatal road accident.

The Fatal Accident and Controversial Initial Sentencing

The case originates from a tragic incident on April 9, 2025. Chillmaster, who was driving without a licence, lost control of his vehicle while speeding along New Chitungwiza Road. He struck a pedestrian, Custon Charumbira, who was killed in the accident.

The 24-year-old musician admitted to speeding, failing to control his vehicle, and not keeping a proper lookout. In May, Magistrate Tatenda Mukurunge delivered a sentence that drew considerable public and legal scrutiny. Chillmaster was fined US$200 for driving without a licence. For the more serious charge of culpable homicide, he was sentenced to two years in prison, with the entire term suspended. 

Half of the suspended sentence was contingent on good behaviour, while the other half was conditional on him completing 420 hours of community service at Stoneridge Primary School.

High Court Intervention: "Gross Negligence" and "Aggravating Features"

In a scathing review of the initial proceedings, Judge President Zimba-Dube found that the trial magistrate had incorrectly treated Chillmaster’s negligence as "ordinary" when the facts clearly indicated a far more serious level of recklessness. She highlighted several critical aggravating factors:

• Chillmaster was driving without a licence.
• He was speeding at 80-100 km/h in a 60 km/h zone.
• He only managed to stop his vehicle 67 metres after the point of impact, indicating excessive speed and lack of control.

Judge Dube ruled that these factors constituted "gross negligence" and that the offense was committed in "aggravating circumstances." She stated unequivocally that community service was an inappropriate punishment for such a severe case.

"The aggravating features of this case do not justify community service," said Justice Dube. "The accused’s manner of driving exhibited gross negligence... Courts must send a strong warning to offenders who drive without licences resulting in fatalities."

Musician Faces Harsher Penalty After Judge President Finds Community Service "Inappropriate" for Gross Negligence 

 A significant factor that appeared to influence the lenient original sentence was a plea from the victim’s family, who asked for leniency. They informed the court that Chillmaster had provided them with financial support following the accident, which included giving them livestock as a traditional gesture to appease vengeful spirits.

However, Judge President Zimba-Dube addressed this directly, stating that while such gestures are commendable, they cannot supersede the interests of justice, especially in cases of gross negligence.

"A victim impact statement cannot trump the interests of justice," she asserted. "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."

The judge also heavily faulted the magistrate for a critical legal omission: failing to consider banning Chillmaster from driving, a step that is required by law in fatal accidents caused by driver negligence. She emphasized that such a ban is a crucial tool to deter similar offenses and promote respect for road safety regulations.

The case will now return to the magistrate’s court for a fresh inquiry to determine the precise degree of negligence, a decision on whether Chillmaster should be prohibited from driving, and a revised sentence that is legally sound and appropriate for the severity of the crime.