THE government has withdrawn an appeal at the Supreme Court where it intended to challenge a High Court order granted in favour of the Transport Operators’ Association of Zimbabwe (TOAZ) in the left-hand drive vehicles ban saga.
SENIOR COURT REPORTER
In 2012, High Court judge Justice Francis Bere
overturned government’s decision to ban left-hand drive vehicles and to force motorists to carry red reflective triangles and fire extinguishers, declaring that the regulations were null and void and invalid.
However, unsatisfied with Justice Bere’s decision, the government filed an appeal at the Supreme Court challenging the judgment.
In a letter addressed to the Registrar of the High Court from the Supreme Court dated January 27, 2014 copied to the Civil Division of the Attorney-General’s Office and Messrs Kantor and Immerman, the registrar said: “I return herewith three copies of the record of proceedings. The appellant (Minister of Transport, Communication and Infrastructural Development) filed the notice of withdrawal on the 12th day of November 2013.
“By copy of this letter, the parties are duly advised that my file is closed.”
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.
The matter was taken to the courts by TOAZ,led by Bernard Lunga, the owner of Cross Country Containers,a major transporter in Zimbabwe,who 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.
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.