Bere spot fine comments spot-on

HIGH Court judge Justice Francis Bere has castigated the police for demanding spot fines and impounding vehicles at roadblocks, saying the move is illegal as there is no supporting law to justify the action.

HIGH Court judge Justice Francis Bere has castigated the police for demanding spot fines and impounding vehicles at roadblocks, saying the move is illegal as there is no supporting law to justify the action.

“There is no law which compels motorist to deposit a fine with the police if he desires to challenge the alleged offence.

But its looks like motorists are being forced to pay these fines on our public roads irrespective of their attitude to the charges.

“It occurs to me that any collection made by the police, must be made in terms of section 356 of the Criminal Procedure and Evidence Act (Chapter 9:07).

That piece of legislation does not support the manner in which spot fines are being collected and handled by the police.

“The section does not give police officers the power to force a motorist to pay a fine on the spot if he does not wish to do so or if he does not have the money on his person.

I am concerned that as a nation and in our desperate effort to give it lieu in the collection and retention of that revenue for its use, we may severely have fractured the execution of its core business,” the learned judge said.

This illegal practice has been going on unabated for a long time with roadblocks littered along the country’s highways and other feeder roads.

For instance in Bulawayo and its hinterlands, even outposts such as Pumula, Nkulumane, Tshabalala Police stations, to name just a few, now mount roadblocks, raising suspicions the police were now on fundraising crusades taking advantage of citizen’s fear of law enforcement agents.

Indeed the police are notorious for forcing motorists to pay fines, threatening them with detention and impounding of their motor vehicles when they refuse to comply with their illegal orders.

What is shocking are revelations there is a section which compels the police to forthwith transmit all the documentation to do with the payment of spot fines to the court for confirmation by a magistrate.

But as noted by Bere these provisions of the law are being flouted with everyone watching helplessly while this illegality continues.

Bere’s ruling and observations are sound and need to be respected by the police.

But we fear resistance will continue as police had been using spot fines to levy money from people for personal and corrupt gains.