A disgruntled Harare legal practitioner, Ephraim Ndlovu, has filed a High Court application seeking to challenge the clamping of vehicles by Harare City Council and to have the local authority’s “unreasonable” parking fees of $1 and a penalty fee of $57 reduced.
BY CHARLES LAITON
Ndlovu of Mabundu Law Chambers, filed the application last Friday following the clamping of his vehicle by council officials.
The council later demanded a $57 fine for its release failure which the vehicle would to be towed and accumulate storage charges.
“The application in casu (in this case) is an application for a declaratory to be issued by this honourable court, declaring the act of clamping vehicles by first respondent (City of Harare) on its own or through second respondent (Easipark) is illegal and ultra vires the Harare Municipal Traffic Laws (Offences and Fixed Penalties) Regulations of 1972,” Ndlovu said.
In his application, Ndlovu, cited the City of Harare and Easipark (Private) Limited as respondents.
According to Ndlovu, his car was clamped while parked at his offices along Mbuya Nehanda Street where he had initially paid for the parking time, before leaving to attend to some other business in Mbare.
Upon his return he said, he failed to locate a council official and when he went to his office, his car was subsequently clamped.
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Ndlovu said he was then asked to pay the spot fine despite a clause on the council’s form of notice, which gives a motorist four days within which to pay the fine. According to the form, in the event that a person fails to pay the fine within the stipulated days, a court summons would be issued.
“I believed so much that I did have a defence to the fixed fine of $57 in that I had not refused to pay. Moreover the fine itself was and is unreasonable,” Ndlovu said.
“One surely cannot be fined $57 for having exceeded payment of $1. It is daylight robbery.
“First respondent (City of Harare) cannot, and must not execute a judgment before I have been given a chance to be heard by a court of law, this is deplorable and is against the audi alterum partem (listen to the other side) rule,” he said. Ndlovu is represented by Lorraine Ncube
