: Harare Taxi operator takes council to court

Harare Taxi operator takes council to court
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zno editor on 09 January, 2010 01:12:00
 
Mr Elijah Makomo, who runs Silver City Taxis, has instructed his lawyer Mr
Charles Chikore to seek an order barring council traffic police from seizing his
taxis, arguing that municipal police officers are operating in direct
contravention of the Municipal Traffic Laws Enforcement Act. Mr Makomo is
arguing that the Municipal Traffic Laws Enforcement Act (Chapter 29: 10) does
not provide for the seizure of vehicles and payment of exorbitant fines.
He said the penalties that are being charged by the local authority are illegal
as they are much higher than those charged by central Government through the
Zimbabwe Republic Police (ZRP).
“I am advised that the duty of the municipal police is simply to issue out
notices calling upon an offender to pay a prescribed penalty and not to arrest
anyone or forcibly seize any car,” he said. He is arguing that fines that are
higher than those prescribed by the ZRP should only be enforced in a court of
law and not at local authority level. Mr Makomo, who runs a fleet of more than
12 taxis, said a number of his drivers had been harassed and arrested while his
taxis were also seized.
He said his drivers were made to pay huge amounts of money in penalties with the
minimum ticket being pegged at US$101. “I am advised that such hefty fines are
unlawful in as far as they are beyond the powers provided in the Act which
stipulates that the prescribed penalty should not be more than a third of the
fines that are payable at law in the jurisdiction of the local authority.
“They are also unlawful in as far as they allow the municipal officers to
charge and accept fines which are above level three, currently pegged at
US$20,” said Mr Makomo.
“I am advised that for any fine above level three, the offender should appear
before a court which is enjoined to follow the pre-emptory procedure outlined in
Section 271 (2) (b) of the Criminal Procedure and Evidence Act,” he added. He
said some municipal police officers were operating without uniforms and this had
presented robbers with a chance to masquerade as municipal policemen.
“On October 15 2009, some car thieves approached one of my cars (registration
number ABJ 7120) and using the same tactics employed by municipal officers,
ordered my driver to drive to Waterfalls where they bludgeoned him before
driving away the vehicle,” he said.