Kombi Driver in Gweru receives two year sentence for underage sexual offenses

Dumisani Ndlovu

GWERU – A 24-year-old kombi driver, Blessing Mashati, who recently faced justice for three counts of unlawful sexual intercourse with a 13-year-old Form 1 student was on Monday slapped with a two year jail term.
The worrying details of the case, was presided over by Gweru Magistrate Arnold Maburo.

Mashati, who resides in Hertfordshire, Gweru, pleaded guilty to charges brought under Section 70(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. This provision specifically pertains to engaging in sexual intercourse or committing indecent acts with minors under the age of 18. It clearly states that claiming the child consented to such acts does not constitute a valid legal defense.
Public Prosecutor Vivian Chindedza highlighted the severity of the crime during proceedings.
"The accused has committed a serious crime against a minor," she stated, emphasizing the law's role in protecting vulnerable children. Chindedza emphaises the age disparity between Mashati and the 13-year-old victim, noting that this "disparity… the courts view as aggravating." She also pointed out Mashati's failure to use protection, exposing the teenager to the grave risks of HIV and other sexually transmitted infections.
In mitigation, Mashati’s lawyer, Mr. Tatenda Zishiri of Kwande Legal Practitioners, pleaded for leniency, citing his client's guilty plea as a sign of remorse and an act that spared the court a lengthy trial. Zishiri also noted that Mashati was a first-time offender and the sole breadwinner for his family, arguing that incarceration of an offender who pleaded guilt would be unfair.
However, the prosecution maintained the necessity of a strong deterrent message, referencing legal precedents and society's demand for justice.
Magistrate Maburo delivered his judgment, sentencing Mashati to 24 months imprisonment. Of the term, 11 months were suspended on the condition that Mashati does not commit a similar offense in the next five years. The remaining 13 months were further suspended, contingent on Mashati performing 455 hours of community service at the VID, Gweru Depot.
In explaining the sentence, Magistrate Maburo acknowledged Mashati's guilty plea, remorse, first-offender status, and family responsibilities. However, he stressed the gravity of the repeated offenses and the tender age of the complainant. Maburo stated that "our young girls need to be protected from the depravations of the accused and his ilk," asserting that society expects courts to impose "custodial terms wherever appropriate."
Despite acknowledging Mashati's "moral blameworthiness is on high ground," the Magistrate concluded that mitigating factors "significantly outweigh aggravating factors, hence the court can impose a mitigated prison term."