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Shamiso Dzingire Court Reporter
MEMBERS of the United Pentecostal Holiness Church have defended a Bulawayo kombi driver who allegedly fatally struck a man with his vehicle, blaming the pedestrian for the accident.

The church had hired the kombi for a trip to Kezi in March.

The Western Commonage magistrates court heard how Nicholas Ncube, 36, of Nkulumane suburb allegedly hit John Khoza who was coming from Mambo Beerhall along Siye Pambili Drive.

Ncube, who was not represented, appeared before Magistrate Themba Chimiso on Tuesday facing a charge of culpable homicide.

The prosecutors called two witnesses who were in the front seat and they both denied that Ncube was speeding.

The witnesses said the accident would not have happened had Khoza not staggered back onto the road.

“The driver was not speeding because we had just passed through a robot,” said Joseph Ngwabi, a witness who was sitting on the passenger side.

He also said he does not know how Khoza came back to the road as he was already on the other side of the road when he was hit by the kombi.

Ngwabi said: “When we got to Mambo Beerhall, I saw two men on the other side of the road. I did not see how the other pedestrian came back onto the road. I saw the driver swerving, trying to avoid him but it was too late.”

Another witness, Ernest Ncube, said he suspected the now deceased Khoza was drunk.

“I saw the pedestrian stagger backwards with his hands flying in the air. I suspect he was drunk and I think he lost his balance and tripped back into the road,” said Ncube, demonstrating how Khoza behaved and drawing laughter from the gallery.

Prosecuting, Tony Kamudyaizwa said on March 14 at around 9PM, Ncube was driving a kombi along Siye Pambili Drive which was ferrying congregants to Kezi.

When he got opposite Mambo Beerhall, Kamudyaizwa said, he hit Khoza who was crossing the road.

The court heard that Khoza sustained serious head, chest and leg injuries and was rushed to Mpilo Central Hospital where he died the following day.

Kamudyaizwa said Ncube acted negligently by failing to keep a proper look out under the circumstances, failing to act reasonably when the accident seemed imminent and by travelling at an excessive speed. The trial continues on August 12.