Motorists score major victory

THE High Court yesterday granted an order sought by the Transport Operators’ Association of Zimbabwe (TOAZ) to set aside government’s decision to ban left-hand drive vehicles and to force motorists to carry red reflective triangles and fire extinguishers.

STAFF REPORTER

High Court judge Justice Francis Bere’s ruling struck down the Road Traffic (Construction and Equipment Use) Regulations 2010 contained in Statutory Instrument 154 of 2010, which, among other things, sought to ban left-hand drive vehicles from Zimbabwe’s roads.

TOAZ, led by Bernard Lunga, the owner of Cross Country Containers, a major transporter in Zimbabwe, was represented by lawyers ABC Chinake and Simplicio Bhebhe of Kantor and Immerman.

The association argued that the regulations had been improperly gazetted and, therefore, were null and void.

TOAZ said certain omissions made by the Ministry of Transport in gazetting the regulations and Section 10 (2) of the regulations violated the Road Traffic Act.

Transport minister Nicholas Goche was also accused of
purporting to change an Act of Parliament through regulations and seeking to exercise powers that had not been given to him under the Road Traffic Act.

The Civil Division of the Attorney-General’s Office argued that the issuing of the regulations by the “ministry” instead of the “minister” could be seen as an error.

It argued that the error could be excused and that the banning of left-hand drive vehicles was reasonable.

But Justice Bere accepted the TOAZ arguments and declared that the regulations were null and void and invalid. The ministry was ordered to pay the costs.

Police manning roadblocks have had a field day collecting bribes from ordinary citizens under the pretext of enforcing the regulations.

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8 Responses to Motorists score major victory

  1. wayne maromo November 15, 2012 at 11:20 am #

    Yah especially the Chegutu police who ticket us saying the fire extinquisher has no SAZ badge. I was detained at the road block for almost an hpur. I did not have the 20 usd, I had a fire extinguisher with no SAZ badge. When they asked for even 5 usd I still could not raise it and they threatened to take me to court until I said let me phone PGHQ, I had to show them a number belonging to one Deputy Commissioner, that saved me.

  2. wayne maromo November 15, 2012 at 11:22 am #

    Yes for the safety of us all we must all have reflective triangles, but fire extinguisher, no, reflective vests my choice, triangles helps not to endanger other motorists, but you cannot endanger other motorists because you don’t have a fire extinguisher.

  3. mav November 15, 2012 at 11:27 am #

    This is great news. Was tired of being asked for a fire extinguisher instead of a licence or TIP by the police. Foreign vehicles were an easy target as that law is not applicable to most countries in the region, except public transporters.

    • vaGudo November 15, 2012 at 11:35 am #

      It was a certain Mbirimi who was becoming Mr Zim Roads by the day. Passing laws on vehicle imports, driving age limits on his own. Sanity coming back ti Zimbabwe, MORE STILL TO BE REGULARISED

  4. wayne maromo November 15, 2012 at 11:45 am #

    Sare zve ZBC zvokuti vanokupa ticket iwe radio yako (japanese radios) isingabate ZBC. One lady gave me a ticket saying you will modify your radio, just imagine getting a ticket on your car using the reason you may buy a radio? I proved to her that my radio does not get any ZBC signals, I can’t tune to it but she could not have it so I don’t know if ZBC is now a radio licensing authority or it is a listerner’s licensing authority.

    • John O Makombe November 15, 2012 at 2:24 pm #

      the law says possession of a receiver, whether it receives ZBC signals or not is another issue. The so called licence fee is a penalty for owning a radio or tv. It does not matter whether you listen to zbc or not.stupid laws.

    • psgudo November 15, 2012 at 8:30 pm #

      actually if you can prove that your radio does not receive thir signal beyond reasonable doubt then they are not suppose to force you to posses a listerner’s licence. Anyway why don’t they force people with cellphones that receive FM signals( ZBC radio stations) to pay listener’s licences. Others actually can listen to the radio over the internet. This particular piece of legislation is obsolute.

  5. verengerai e January 28, 2013 at 7:46 am #

    if the law was thrown out by the court y do the police continue to charge us and ticket us for not carrying saz approved fire extinguishers.

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