Traffic cops can't force motorists to pay spot fines

TRAFFIC cops have no legal power to force motorists to pay spot fines and authorities must take urgent measures to stop the illegal practice, High Court Judge, Justice Francis Bere, said yesterday.

Officially opening the High Court circuit in Masvingo, Justice Bere said there is no law that empowers traffic police officers to demand spot fines.

He added that motorists should be given choice to deposit a fine immediately or after some time.

Justice Bere said debate has been raging on the collection and retention of spot fines by the police and noted reports indicating that the collections are meant to meet the operational needs of the force.

"I fully understand the predicament the Home Affairs Ministry finds itself in.  But it occurs to me that currently there's no legal framework justifying the manner in which these collections are being done. There's no law which compels a motorist to deposit a fine with the police if he desires to challenge the alleged offence, but it looks like motorists are being forced to pay these fines on our public roads irrespective of their attitude to the charges," he said.

"Any attempt to refuse to pay is met by threats to have the vehicle impounded by the police."

Justice Bere said the prevailing Statutory Instruments do not support the way spot fines are collected, hence the police do not have power to force motorists to pay on the spot.

He also said provisions of the law under which the police must collect and account for monies paid as fines were not being followed.

"It occurs to me that any collection by the police must be made in terms of Section 356 of the Criminal Procedure and Evidence Act (Chapter 9:07). That piece of legislation doesn't support the manner the spot fines are being collected and handled by the police. The section doesn't give them power to force a motorist to pay if he or she doesn't wish to do so or if he or she doesn't have the money on their person," said Justice Bere.

"Secondly and more importantly, the section compels the police to forthwith transmit all the documentation to do with the payment of spot fines to the Court for confirmation by a magistrate.

"All these provisions of the law are being flouted with everyone watching helplessly while this illegality continues."

He said the Zimbabwe Republic Police was an international brand that must not be compromised by illegal actions.

The judge also noted reports that some commuter omnibus operators were made to pay "security" fees by traffic police officers to gain passage in different cities and towns.

"Quite often one hears of illegal collections being made by the police.  There's talk of well-coordinated collections of security fees on our roads particularly from commuter omnibus drivers which fees are meant to give drivers free and unhindered passage at police roadblocks," said Justice Bere.

"How can we, as a nation, continue to condone such malpractices which create a breeding ground for corrupt tendencies? We talk of determination for the need to rid this country of corruption. How can we achieve this when we allow our police officers to conduct themselves in such a corrupt manner? My view is that all these issues must be seriously looked at and corrective action taken without further delays."

In 2012, Police Commissioner General Augustine Chihuri said police would continue demanding spot fines.

"Spending $1,000 to hunt down someone who owes a $5 fine is absurd. In any case many drivers would flout traffic laws that any other system could easily be swamped," he said.