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Motorists file another spot fine challenge

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MOTORISTS irked by police’s incessant demand for spot fines have once again filed a High Court challenge seeking police the fines to be declared illegal.

MOTORISTS irked by police’s incessant demand for spot fines have once again filed a High Court challenge seeking police the fines to be declared illegal.

BY CHARLES LAITON

In the latest application filed on August 7 under case number HC7478/15, two motorists Isaac Mugwati and Andrew Makunura cited Home Affairs minister Ignatius Chombo and Police Commissioner-General, Augustine Chihuri as defendants.

Through their lawyers, Mupanga Bhatasara Attorneys, the two men said they were seeking a constitutional declaration that: “Chihuri, Officer-In-Charge Chikato Police Station in Masvingo and Officer-In-Charge Southerton Police Station’s functionaries demand of a spot fine from the plaintiffs abrogates section 69 (1) and (3), 86 (3) (e), 69 and 71 of the Constitution”.

“The second (Chihuri), third (Officer-In-Charge Chikato Police Station) and fourth (Officer-In-Charge Southerton Police Station) defendants’ functionaries violated the plaintiff’s right to movement and liberty in stopping them [Mugwati and Makunura] at a roadblock without establishing just cause or reasonable suspicion,” the lawyers said.

Augustine-Chihuri-police

“The first [Chombo] to the fourth defendants are ordered forthwith to desist the practice of insisting on spot fines and establishing suspicionless road blocks.”

Makunura and Mugwati claimed that they were each stopped by police officers at different times and places and asked to produce radio licences which they failed, leading to the seizure, of their vehicles over failure to pay spot fines.

Mugwati said he was stopped along the Mvuma-Masvingo Highway on February 14 this year and had his vehicle impounded after failing to pay a spot fine for not having a radio licence.

His co-applicant Makunura had his vehicle also impounded on February 12 this year in Glen Norah over the same offence.

Chombo and Chihuri together with their officers are yet to enter an appearance to defend notice.

Courts have previously ruled the fines as illegal, but police keep defying the order