Gweru City Council traffic officer convicted over use of spike
By Dumisani Ndlovu
Gweru Magistrates’ Court on the 27th of April 2024 convicted and sentenced a Gweru City Council municipal traffic officer for using a spike on a city motorist who filed criminal charges after his car was damaged during the incident.
Kizito Wedzera, of Gweru was convicted of malicious damage to property after a well contested trial by magistrate Princess Tanyanyiwa.
Wedzera sentenced to 8 months in prison.
“Your sentence is as follows. Eight months in prison.Seven months is however suspended on condition that you complete 245 hours of community service at Mkoba Poly Clinic, starting from the 27 of April 2024 and completed within 18 weeks,”said Magistrate Tanyanyiwa.
The community service which was supposed to be performed on weekend was however amended to mid week days.
One more month was suspended on condition of restitution for the damages to the complainant, Elias Idashe Mataga’s vehicle.
“One more month is suspended on condition that the accused restitute the complainant the sum of US$45 through the clerk of courts on or before the 9th of May 2024,” boldly said Magistrate Tanyanyiwa.
The Gweru City Council cop was being charged with malicious damage to property as defined in section 140 of the Criminal Law (Codification and Reform) Act chapter 9:23.
In Zimbabwe, use of police spikes was banned more than five years ago.
During the highly contested trial, the court heard that Wedzera was driving along Robert Mugabe Way, Gweru on October 25 2023 when he slowed down near a Mr Chips to pick up his daughter. The overzealous municipal police officer unlawfully damaged the rear right wheel of a Toyota Wish Registration Number AGF 6547 belonging to Elias Mataga by throwing a spike under the vehicle, intending to cause such damage. Realising there was real risk or possibility that such damage may occur and result in the complainant losing his wheel.
The court also heard that the accused’s reckless action almost claimed lives of passangers on board and people outside Mr Chips in the city of progress. The incident happened as the complainant was parking in the parking lot.
The State represented by Prosecutor Valerie Sauramba said when the complainant tried to move his car he heard a strange noise which turned out to be a damaged rear tyre which had been deflated by a thrown spike.
