The High Court of Zimbabwe has overturned a six-month driving ban imposed on Feredinayi Nyanhi, a father convicted of culpable homicide after his ox-drawn scotch cart killed his four-year-old child. According to NewZimbabwe, the court ruled that the animal-drawn vehicle did not meet the legal definition of a motor vehicle under the Road Traffic Act, meaning the additional prohibition was legally flawed.
The incident occurred on July 28, 2020, in Jenami Village, Chiweshe, when Nyanhi was transporting firewood with his child seated on top of the load. As reported by NewZimbabwe, the child fell from the cart and was run over by the wheels, resulting in an instant death. Nyanhi pleaded guilty to culpable homicide more than six years later, on August 21, 2026, at the Concession magistrates’ court. He was sentenced to 18 months’ imprisonment, with portions suspended for community service and good behavior.
The driving ban was imposed by the trial magistrate under section 64(3) of the Road Traffic Act. However, Justices Faith Mushure and Gibson Mandaza determined that this provision applies only to vehicles propelled by electrical or mechanical power. NewZimbabwe notes that the judges emphasized that while Nyanhi was a driver in charge of an animal-drawn vehicle, the scotch cart itself was not a motor vehicle because its propulsion source was animals, not machinery.
The court referenced a 1970 New York case, People v Szymanski, to support the distinction between animal-drawn and motorized transport. The judgment stated that legislation referring specifically to motor vehicles should not be extended to animal-drawn carts merely because both use public roads. Consequently, the High Court set aside the driving prohibition while upholding the original conviction and sentence.
The judges also expressed concern over the delay in the legal process, noting that Nyanhi was convicted six years after the accident. Justice Mushure observed that the wheels of justice had turned with regrettable slowness, forcing the father to confront the tragedy years after it occurred. The court ordered that Nyanhi be urgently recalled to be formally advised that his driving ban had been lifted, ensuring the correction was promptly implemented.