A HARARE resident has written to Home Affairs minister Ignatius Chombo indicating his intention to sue the Zimbabwe Republic Police (ZRP) for $9 000 following the confiscation of his driver’s licence by a law enforcement agent.
BY Edgar Gweshe
Itai Masothsa Zimunya, who is being represented by WOM Simango and Associates, had his driver’s licence confiscated by Constable Vongai Zuka at a roadblock in Harare sometime in June this year.
This was after he allegedly failed to pay a spot fine.
In February this year, High Court judge Justice Esther Muremba ruled that traffic spot fines were illegal.
This followed an application by a motorist Andrew Makunura, who was seeking an order declaring traffic spot fines illegal and that he be given back his driver’s licence which had been confiscated at a police roadblock.
Zimunya’s legal team, which has made several attempts to recover the driver’s licence in vain, contends that it is illegal for a police officer to confiscate a driver’s licence from a motorist.
“Our client, without the driver’s licence, has not been able to use his vehicle for the past two and a half months and has, instead, been hiring cars to take his children to school and his wife to work. He would also hire another vehicle to take him to and from work,” the letter served to Chombo yesterday read.
“The latest foregoing has resulted in our client being prejudiced of money amounting to $5 000 for the past two and a half months. The financial loss has resulted in our client suffering emotional and psychological trauma.
“Itai Masothsa Zimunya, our client, intends to compel the Zimbabwe Republic Police to release his driver’s licence and lay a claim in the sum of $9 000 within sixty (60) days of your receiving of this letter.”
Zimunya is claiming $5 000 for costs he incurred in hiring alternative transport for his children, wife and himself to date. He is also claiming $4 000 for damages for emotional and psychological trauma.
According to his legal representatives, the claims are in terms of Section 6 of the State Liabilities Act (Chapter 8:14).