Police refuse to take responsibility for spikes accident

POLICE in Bulawayo have refused to take responsibility for the commuter omnibus accident that saw four passengers sustaining serious injuries when the vehicle they were travelling in overturned after attempting to avoid spikes at a roadblock in March.

Four of the 15 passengers were seriously injured in the March 12 accident that happened along Khami Road and are now demanding compensation and payment of medical bills from the police.

Ntandoyenkosi Nkomo, Nokuthula Mabhena, Esnath Phiri and Emmaculate Ndlovu, through their attorneys from the Zimbabwe Lawyers for Human Rights (ZLHR), threatened to sue the police saying they were culpable for the accident.

However, in a letter written to the accident victims recently, police shifted the blame to the owner of the vehicle, Derick Chidemo, saying he had put the lives of passengers in danger by employing an under-aged driver to drive a public service vehicle.

The police said the driver, Nqobile Moyo, 23, was solely responsible for the accident as he failed to control the speeding vehicle upon approaching a police check point which was barricaded with spikes.

The stipulated legal age for one to drive a public transport vehicle is 25 years.

Police said Moyo was also in violation of traffic regulations as he was operating off route and did not have a defensive driving certificate or medical endorsement.

Chief Superintendent W Marecha, on behalf of the police legal service (southern region), said police did not throw the spikes, but had laid them earlier when they commenced their duties.

"Any pending lawsuit should be filed vicariously against the owner of the public service vehicle Derick Chidemo for putting the lives of innocent people in danger by allowing an under-aged driver to drive a public transport vehicle. It is our constitutional duty to safeguard sacred human life. As such, any injuries sustained by members of the public are sincerely regretted," reads part of the letter addressed to the accident victims' lawyers.

The police said Moyo tried to evade a properly laid down traffic check point by increasing speed as he neared the police officers, despite the stopping signal that he was being shown.

Chief Supt Marecha said police officers opened the way for the speeding driver, who later noticed the laid down spikes and tried to avoid them by swerving to the right, resulting in his vehicle overturning.

The ZLHR's senior projects lawyer, Lizwe Jamela, told Chronicle yesterday that after seeing the police response, they had decided to proceed with legal action.

He said a notice of intention to sue had already been served on the police officers involved as well as the officer commanding Bulawayo, Senior Assistant Commissioner Steven Mutamba, the Police Commissioner-General Augustine Chihuri and the Minister of Home Affairs Kembo Mohadi.

"We received a letter from the police pushing the blame to the owner and the driver of the vehicle. We, however, still feel that what the police did was grossly negligent and the accident victims strongly feel that they must be compensated for damages suffered," said Jamela.

"There are definitely other ways of enforcing traffic laws without endangering the lives of innocent commuters. We'll therefore proceed with legal action against the police."

Last month, Comm Gen Chihuri dismissed reports that traffic police officers move around throwing spikes in front of moving vehicles.

He accused commuter omnibus drivers of causing chaos on the roads then blaming the police when they take action.

Comm Gen Chihuri said it was wrong for people to blame the police for accidents adding that it was mischievous for people to suggest that police were after money yet it was the kombi drivers who were refusing to adhere to traffic rules and regulations.

However, in Bulawayo, most police officers manning roadblocks carry spikes and use them often especially against suspected pirate taxis.