HIGH Court judge Justice Francis Bere ripped into the police force for demanding spot fines and impounding vehicles at roadblocks, describing the move as illegal as there is no supporting law to justify the action.
Tatenda Chitagu/ Charles Laiton
Speaking at the official opening of the Masvingo High Court Circuit yesterday, the judge said the police had now been distracted by the illegal collection of the spot fines which had turned them into a money-collecting venture, divorced from their core business.
“There is no law which compels a motorist to deposit a fine with the police if he desires to challenge the alleged offence,” he said.
“But it looks like the motorists are being forced to pay 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 the spot fines are being collected and handled by the police.”
Bere said that section did not give police the right to force motorists to pay a fine on the spot if they did not wish to do so or if they did not have money on them.
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“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 have severely fractured the execution of its core business,” he said.
The High Court judge said the police were notorious for forcing motorists to pay the fines, threatening them with detention and impounding of their motor vehicles when they refuse to comply with their illegal orders.
“Any attempt to refuse to pay is met by threats to have the vehicle impounded by the police,” Bere said.
“Secondly and more importantly, the section 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.
“All these provisions of the law are being flouted with everyone watching helplessly while this illegality continues.” He blasted the alleged move by the police to demand “passage fees” from kombi drivers every day.
“Quite often, one hears of more illegal collections being made by the police,” he said.
“There is talk of well-co-ordinated collections of security fees on our public roads, particularly from commuter omnibus drivers which fees are meant to give them free and unhindered passage at police roadblocks.
“If this is true, then the department is surely cursed.
“How can we as a nation continue to condone such malpractices which create a breathing ground for corrupt tendencies? “We talk of determination for the need to rid this country of corruption.
“How can we achieve this when we allow our police officers to conduct themselves in such a corrupt manner?
“My view is that all these issues must seriously be looked into and corrective action taken without further delays.”
He, however, said although the Home Affairs ministry was financially hamstrung, the police were not justified to demand spot fines. “I fully understand the predicament the Home Affairs ministry finds itself in,” he commiserated.
“But it occurs to me that currently there is no legal framework justifying the manner in which these collections are being done.
“There may be no problems with the police operating as an extension of Treasury, but if that is what is desired, then the legal framework must be put in place to support such kind of a development.”
Bere called on the police to stop forthwith spot fine collections, corruption and impounding of vehicles if they were to preserve their good international brand earned over the years.
“The Zimbabwe Republic Police, as a stakeholder in the justice delivery system, has earned an international brand and that brand must be jealously protected by all fair-minded persons,” he said.
Recently, police spokesperson Charity Charamba said they were demanding spot fines of $20 and below immediately, as these were difficult to follow up on.
“The cost of tracing a motorist who has breached an offence for $5 actually exceeds $5, so it is important that if you don’t want to pay a fine of $5 or $10, make sure your vehicle is in good condition,” she said.
