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Goche challenges ruling


TRANSPORT, Communication and Infrastructural Development minister Nicholas Goche has gone to the Supreme Court to challenge a recent High Court ruling outlawing a government directive compelling motorists to always carry fire extinguishers and reflective triangles in their vehicles.

The order also sought to ban left-hand driven vehicles on Zimbabwe’s roads.

High Court judge Justice Francis Bere on November 14 set aside Statutory Instrument 154 of 2010 introducing the new measures.

This followed a court challenge filed by the Transport Operators’ Association of Zimbabwe (Toaz) represented by Bernard Lunga, the owner of Cross Country Containers, a major transporter in Zimbabwe, who argued that the regulation was improperly gazetted.

But Goche on Monday filed a Supreme Court appeal challenging Justice Bere’s ruling.

The minister argues that the judge misdirected himself when he declared the regulations null and void.

Goche wants the Constitutional Court to set aside the ruling .
Toaz argued that Goche purported to change an Act of Parliament through regulations and also sought to exercise powers that had not been given to him under the Road Traffic Act.

The association was represented by Addington Chinake and Simplicio Bhebhe of Kantor and Immerman.

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