Harare Taxi operator takes council to court

taxi clamped in Harare

THE Harare City Council has been dragged to the High Court by a city businessman who is challenging the local authority’s power to clamp and tow away vehicles of offending motorists.

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.