KWEKWE Vehicle Inspection Department (VID) area manager Eustine Nyathi has been sued in the High Court over allegations of using her office to settle personal scores by wantonly impounding vehicles belonging to her alleged foes.
by STAFF REPORTER
In case number 8142/15 filed at the Harare High Court, former police officer Tafadzwa Gambiza is demanding $150 000 from Nyathi in her personal capacity for economic loss, pain, suffering and emotional distress following the seizure of his vehicle under unclear circumstances.
Gambiza alleged that Nyathi, whom he once reported to her superiors over abuse of office and filed a criminal case against her, was wantonly targeting his vehicle in a bid to fix him.
Part of the summons read: “The defendant (Nyathi) is using the VID system to settle personal scores by attacking the applicant’s character and this is tantamount to harassment and victimisation.”
Gambiza claimed that Nyathi issued a ticket for $20 against Gambiza’s truck last year and falsified charges which upon research showed that the charge was for a bicycle.
“VID falsified the charges as contravening Section 43 of the Road Traffic Regulation Statutory Instrument No 154 of 2010 which section concerns brakes of a pedal cycle and issued me receipt 4909965, making this an illegal action. All charges by Nyathi are a result of stalking and manipulation,” he submitted.
Gambiza also wants the court to rule against actions by Nyathi and her crew who are allegedly imposing hefty fines beyond their jurisdiction, saying the conduct was illegal and denied motorists fair protection at law as guaranteed by the Constitution.
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“Nyathi is carrying out prosecutions at VID depot without a prosecuting certificate and outside a court of law and, therefore, does not have such authority to prosecute at law and my vehicle is still detained on these grounds motivated by personal scores,” Gambiza wrote.
He said Nyathi had impounded his stationary vehicle on June 3, 2013 after the two had a standoff earlier.
“Procedurally at road checkpoints, a signal to stop motor vehicles must be given by a police officer dressed in police uniform and a vehicle inspector can check defects. Strangely, VID Kwekwe, under Nyathi’s instructions, impounded my stationary vehicle among 20 other stationary vehicles for the city,” he wrote.
The tiff between the two started when Gambiza reported Nyathi to her bosses for abusing the official depot vehicles by using them to ferry cabbages from her farm to a local supermarket during working hours.
Gambiza said his vehicle has been detained at Kwekwe VID depot for nearly two months now.
