Justice
Phildah
Muzofa
ruled
that
Mabvuwo,
a
15-year
veteran
of
the
Zimbabwe
Republic
Police,
acted
recklessly
when
he
fatally
shot
Douglas
Sivaminyile
during
an
attempted
arrest
in
Berejena
Village,
Makonde,
on
9
May
2024.
Sivaminyile
was
wanted
over
several
violent
assault
cases.
However,
instead
of
applying
minimal
force,
Mabvuwo
fired
three
shots
through
a
closed
bedroom
door,
killing
him.
Evidence
showed
that
Sivaminyile,
who
was
behind
the
door
at
the
time,
posed
no
immediate
threat
to
the
officer
or
his
colleagues.
Post-mortem
results
also
contradicted
Mabvuwo’s
claim
that
Sivaminyile
had
attacked
them
with
an
axe.
Justice
Muzofa
said
the
officer
must
have
foreseen
the
risk
of
death
but
pressed
ahead
regardless,
adding
that
he
failed
to
consider
safer
options
such
as
calling
for
reinforcements.
In
mitigation,
the
court
took
into
account
Mabvuwo’s
clean
service
record,
his
family
responsibilities,
and
his
financial
support
to
Sivaminyile’s
family
during
the
funeral.
However,
this
was
balanced
against
the
lasting
impact
of
Sivaminyile’s
death,
particularly
on
his
disabled
child,
who
relied
on
him
for
care.
Justice
Muzofa
emphasised
that
the
right
to
life
must
always
be
upheld
and
reminded
police
officers
of
their
duty
to
use
minimum
force.
She
said
the
10-year
sentence
was
aimed
at
balancing
justice,
deterrence
and
mercy.