'Spot fines optional, confiscation of licences illegal,' says police

THE confiscation of driver's licences by traffic police is illegal as there is no law which empowers police officers to do so, while arbitrarily demanding spot fines from traffic offenders is unwarranted as motorists should be given the option to pay later at their nearest police station.

Zimbabwe Republic Police director of legal affairs, Senior Assistant Commissioner Benjamin Mhiripiri, told Sunday News last week that spot fines were introduced as an alternative to the Form 265 and an administrative option for the convenience of both the police and the motoring public.

Form 265 enables the traffic offender to pay the imposed fine at the nearest police station within seven days, failure of which they will be prosecuted.

Snr Asst Comm Mhiripiri condemned the confiscation of driver's licences by police officers, saying such practice was illegal as there is no law permitting such.

Pointing out that Form 265 gives police headaches in following up on offenders, the police chief said it remained the duty of traffic officers to explain to the motoring public the available options before issuing out a ticket.

Snr Asst Comm Mhiripiri said it was regrettable that some traffic police officers were abusing the system by demanding spot fines from traffic offenders, and detaining motorists who would have failed to pay the fines until they raised the required amount.

"We used to issue Form 265 left, right and centre. The challenge we then faced was on following up on these fines, most of which are trivial fines. Some motorists gave false information, which made it difficult for us to follow up.

"As a convenience for both members of the public and the police we introduced spot fines as an alternative to the Form 265. The idea was to give an option for one to either pay immediately or get a ticket for future payment. Police officers should explain all this to the motoring public.

"It's unfortunate that the system is now being abused and some motorists are being asked to park by the roadside until they raise the required amount for the spot fine. That was not the idea initially. The idea was for a police officer to explain to the motorists the available options and convenience that comes with paying a spot fine, giving the offender the option to choose how they want to pay their fine," he said.

Snr Asst Comm Mhiripiri explained the disadvantages of motorists opting to pay their fines later, saying most traffic fines were trivial and easy to forget, something that might lead to motorists being hauled before the courts of law for failing to pay traffic fines.

"Like I said, spot fines are convenient for both police and the motoring public. For us it reduces the burden of following up on unpaid tickets. If one chooses to pay their fine later, yes they should be allowed but the danger is that they may forget to do so because the fines are trivial and this may lead to prosecution.

"So I feel it is advisable that one pays the spot fine, and only settle for the Form 265 if they don't have cash at hand," he said.

On the confiscation of driver's licences by traffic officers, Snr Asst Comm Mhiripiri said police had no legal basis to do so, and urged members of the public to report any traffic officers they see doing such.

"There is no law which authorises police officers to confiscate driver's licences. There is no law that authorises police officers to smash windscreens of cars. All that is illegal. Sometimes these will just be overzealous junior officers who become law unto themselves.

"These things are happening but the challenge that we have is that people don't come to report. People should come forward to complain to allow us to root out such elements from the force," he said.

Snr Asst Comm Mhiripiri acknowledged that the police force was riddled with corruption but reiterated the force's commitment to weed out rogue elements.

He said, without revealing figures, that a number of police officers were being dismissed from work daily for engaging in corrupt activities, as efforts to cleanse the force heightened.

"The number of officers we are dismissing because of corruption is high. I will not reveal it in the interest of public order," said Snr Asst Comm Mhiripiri.